Study On Discretionary Right Of Commission Contract

This paper is intended to study on the discretionary right of commission contract,which is from the article410of the Contract Law of the People’s Republic ofChina.the discretionary right to terminate a commission contract, with no reasons orthe prerequisite that the other party breaches the commission contract,whichestablished the mutual trust of its parities. However, in judicial practice, it’s possiblethat the parties of a commission contract may, at will, terminate the contract claimingthat they have no trust on the other party any more, which could generate somenegative impact. In order to avoiding this condition, the thesis is consisted of foursections:Section One introduces the features of the discretionary right of commissioncontract, and the possible concurrency between the discretionary right to terminateand the general statutory rights to terminate in judicial practice, and how to solutesuch concurrency.Section Two talk about the history of the discretionary right of commissioncontract, introduces the reason for the transformation from commission, discusses thejurisprudence of its value.Section Three analyzes the current situation of our country, proves that alongwith the social development and changes of system and market economy environment,the nature of the commission contract has complicated, the background of itsestablishment has changed, if the right failed to keep pace with the times, it will causea further negative impact on the efficiency of market transactions.Section four combines the demonstration and practice in the above problems,through the analysis and comparison of the Roman law and the modern legislation ofcommission contract of other countries, to make a conclusion that to entrust ourcountry’s contract rights be detailed and perfect, and by this way the discretionary right of commission contract should have its legal effect.