The Research On The Judicialapplication Of The Right To Arbitrary Termination Of The Commission Contracts

For entrust contract arbitrary termination,article 933 of the "civil code" to type differentiation method,banned the "contract law" article 410,namely the free entrust remove the party shall compensate for the improper lifting time caused to the other direct loss,paid entrust remove the party shall compensate the direct loss and the benefits of the contract,there is no attributable reason.From the perspective of legislation,this article greatly improves the status quo of the abuse of arbitrary dissolution power,which is conducive to safeguarding the legitimate rights and interests of the parties,and is of great practical significance.However,due to the different interpretation of the legal norms of the arbitrary termination right of the commission contract,there are still many confusion in the process of applying the norms of the court in practice,and it is difficult to achieve the legislative purpose of the norms,such as whether the restrictive agreement of the arbitrary termination right of the commission contract is effective and the scope of damage compensation after the arbitrary termination of the commission contract.From the perspective of interpretation theory,this paper makes a further analysis of the provisions and the whole legal standard system of the commission contract,in order to provide a glimpse of the unified logic of the application of the commission contract.First of all,in order to determine the scope of application of the right of arbitrary termination of the commission contract,the author determines the universal application of the commission contract from the perspective of the interpretation of legal norms and the purpose of the norms.Further,according to the legislative reasons of the code and the provisions of Article 467 of the General Rules of the Civil Code concerning the application of unknown contract law,the class entrustment contract with the basis of personal trust relationship can be applied to the code.Secondly,in order to solve the dispute over the validity of the parties to the entrustment contract to limit or exclude the right of arbitrary termination in practice,the author analyzes from the formal and substantive level,and makes clear that the specification of the right of arbitrary termination of the commission contract is arbitrary norms,as long as the agreement between the parties conforms to the principle of fairness.Finally,in order to further safeguard the rights and interests of the parties and realize the substantial fairness of the exercise of rights,this paper discusses the scope of the nature and scope of the liability for breach of contract;moreover,determine the liability by combining judicial practice and the theory,and determine the true meaning and scope of the liability by "release the liability",and determine the scope of the compensation of the available benefits depends on other legal actions.