Analysis On The Dispute Of The Commission Contract Between Shanghai Punch Trade Co., Ltd And Punch Industry (Dalian) Co., Ltd

The exercise of the right of termination without any reason of the commission contract, it is one of the hot issues of debate in the academic research and the judicial practice. The type of contract, Punch Industry (Dalian) Co., Ltd. could enjoy the right of termination without any reason and the damages whether the scope is limited to direct loss are the focus of controversy in the dispute of the commission contract between Shanghai Punch Trade Co., Ltd and Punch Industry (Dalian) Co., Ltd. By definition analysis, the more obvious differences between commission contracts and other types of contracts. Combined with the case of basic situation, we can be identified the type of contract is not a purely commission contract. It involves many comprehensive product trading relations. But China adopts the system of combination of civil and commercial codes. According to the article410of the contract law of People’s Republic, Punch Industry (Dalian) Co., Ltd can terminate the commission contracts without any reason. However, the enjoyment of the right does not mean that the exercise of the rights of a certain legitimacy. Consideration of the right of termination without any reason to rescind the restrictions system, Punch Industry (Dalian) Co., Ltd from the exercise of the right to terminate the behavior should also be subject to certain regulation. From the purpose of the exercise of their rights, the timing, manner and effect, we know that Punch Industry (Dalian) Co., Ltd terminate contract belong abuse of rights and should be punished by law. Shanghai Punch Trade Co., Ltd can profit loss compensation can be achieved depends on the interests of the performance of the contract. The completion of each contract transaction, it is expected will be realized and its stage adaptation of the possible benefits. Shanghai Punch Trade Co., Ltd completed in accordance with the agreement advertising agency, market research, product promotion and product marketing, and so on. The loss suffered from the termination behavior due to Punch Industry (Dalian) Co., Ltd, should be compensated accordingly. In order to fully protect the interests of Shanghai Punch Trade Co., Ltd, the court in determining the compensation for damages, not only limited to compensation for direct losses.