A Study On The Right Of Termination Without Any Reason

Art. 268 and 410 of the Contract Law of the PR China stipulates the right of termination without any reason(hereafter referred to as"the Right") in contacts for work and mandate contracts. But the party who has the Right shall bear the liability of compensation. So, the Right differs from the right of termination caused by the violation of contract or the force majeure provided in the General Part of the Contract Law. So far, it has not been discussed specially in the academic circle. Therefore, it is of necessity to study the fundamentals of the Right.Treating the Right in contracts for work and mandate contracts as the objects of analysis, the dissertation summarizes the basic issues of the Right, including the notion, characteristics, jurisprudential fundamental, conditions and validity of exercise of the Right. It is also explored whether the Right should be recognized in those contracts relating to the provision of services such as in construction project contracts and travel contracts.In comparison with the general right of statutory termination, the author holds that the Right has four evident features. Essentially, the exercise of the Right has the features involving violation of contract, though being a lawful exercise. The author also holds that the Right and the general right of statutory termination are of parallel paths. Besides, from the view of jurisprudence, particularly that of legal value, the creation of the Right is to promote freedom and efficiency. After that, the author analyzes conditions of the exercise of the Right,which are focal points of the dissertation. Finally, the dissertation discusses the Right in construction project contracts, travel contracts, training contracts etc. The author argues that the constructor, the traveler, the trainee and so on shall enjoy the Right. In particular the author makes suggestions on overcoming deficiencies in travel contracts in the Proposed Civil Code.