Research On Arbitrary Termination Right Of Entrustment Contract

In the face of endless new problems and contradictions,Article 933 of the Civil Code comes into being at the right moment.It has made significant amendments on the basis of Article 410 of the original Contract Law.However,there are still the following problems in judicial practice,which lead to continuous disputes on judicial application: first,the scope of application of arbitrary termination right is not clear;Secondly,the validity of the application of exclusion is not clear;Third,the scope of damages is not determined.Based on judicial practice,this paper will carry out specific research through case analysis,literature research and induction.Firstly,this paper analyzes the theoretical basis of the arbitrary termination right of the commission contract.The establishment of the contract is based on the trust relationship between the two parties,and the property of the formation right strengthens the legitimacy of arbitrary termination.It should be considered that the arbitrary termination system is applicable to the free and paid commission contract.At the same time,the Civil Code can also apply the right of arbitrary rescission to the administrative contract and intermediary contract in the way of leading to the norm,but attention should be paid to the reasonable time and way of rescission.In a nameless contract,the right of arbitrary rescission can be applied to the part with legal attributes only when the principal factor is the essential feature,or the principal legal factor can be removed from the nameless contract.Secondly,regarding the validity of the agreement between the parties to exclude the application of the right to arbitrarily rescind,there are quite different academic opinions on its validity,and countries have no conclusion on it.Taking into account the legislative spirit of the Civil Code,the relationship between the freedom of contract and the strict observance of contract,and the nature of the arbitrary norm in Article 933 of the Civil Code,in view of the difference in the contract binding force between paid and unpaid entrustement,It should be categorized.The parties entrusted for free only have the trust relationship to maintain,the binding force is relatively weak,and the agreement excluded by the parties is invalid.In the paid commission,the interest connection strengthens the degree of constraint of the parties,is in the autonomy of the will and better protect the rights of the parties,maintain the market efficiency,exclude the validity of the applicable special contract.If the contract is stuck after the right of arbitrary termination is effectively excluded,Article 580 shall be invoked to terminate the relationship of rights and obligations and bear the liability for breach of contract.Finally,on the basis of the original Contract Law,the Civil Code classifies the scope of compensation after the exercise of the right of arbitrary termination from the perspective of compensation for compensation and compensation for free.However,the standard of compensation for the loss after the improper exercise of the right of arbitrary termination is still insufficient,which needs to be adjusted from the perspective of interpretation.It is necessary to divide civil and commercial matters under the distinction of paid and unpaid commission contracts.