Study On The Arbitrary Termination Right’s Restriction In Entrustment Contract

The entrustment contract originates from Roman Law,which is gratuitous originally.It reflects the protection of the trust relationship between the parties.A principal or an agent may terminate the entrustment contract at any time when the trust relationship no longer exists.With the rapid development of social economic,the gratuitous entrustment contract is not the main form,and civil non-gratuitous entrustment contract and commercial entrustment contract has become the mainstream,resulting in the abuse of arbitrarily termination right.So,it is necessary to restrict the application of the arbitrary termination right in entrustment contract.The article is divided into four parts.The first part is an overview of the arbitrary termination right and its restriction in entrustment contract.Starting from the connotation,origin and system status of the entrustment contract,the arbitrarily termination right and its legitimacy is discussed.Reconsidering the arbitrary termination right’s restriction in entrustment contract by studying rust relationship and efficiency value,it put forward the necessity of arbitrary termination right’s restriction in entrustment contract.The second part discusses the restriction of the application scope of the right to arbitrarily rescind the entrustment contract.Through the discussion of the nature of the entrustment contract,two types of restriction paths are introduced,namely the non-gratuitous entrustment contract and the gratuitous entrustment contract,the civil entrustment contract and the commercial entrustment contract.The application of arbitrary termination right in civil entrustment contract and commercial entrustment contract should be restricted,and in unnamed contracts containing entrustment factors should be excluded.The third part is the effectiveness of the intentional restriction of the arbitrary termination right in commision contract,that is,the issue of whether the agreement of the parties to exclude the application of arbitrary termination right is valid.By analyzing the theoretical disputes and practical differences on the arbitrary termination right in entrustment contract,this thesis puts forward the viewpoint that the intentional restriction should be recognized,and the reason is the nature of the arbitrary provisions of the arbitrary termination right,the value measurement of the principle of strict adherence to the contract,and the arbitrary termination right is not the only relief approach for the parties.The last part is the discussion of the legal rule based on Article 933 of Civil Code.Combined with the current legal provisions of our country,it discussed issues of the legitimate restriction of arbitrary termination right in entrustment contract.First,determine the concept of "where rescission of the contract by a party causes losses to the other party".Second,restrict the non-gratuitous entrustment contract by "substantial reasons".Third,determine the scope of damage compensation about direct loss expected profit obtainable.And last apply the right of compensation of remaining period to claim the damage compensation.