The Discretionary Right Of Termination In The Commission Contract

The discretionary right of termination in the commission contract is stipulated in the article 410 of Contract Law in our country, it gives the parties the unlimited right to cancel the contract at any time, any occasion, in whatever reason. Only exist to blame the party reason, the party need to assume liability to pay compensation to the termination of the contract. The discretionary right of termination in the commission contract has a great subjectivity, the right granted gives free great terminate the contract by the parties. Based on the trust of the contract itself, the setting of this right has its existence is necessary, the contract is in accordance with the trust, without trust, the best solution is to terminate the contract. However, Based on its arbitrary and subjective, for any rescission of the lack of corresponding rules and regulations shall apply, thus results in any practical situation of abuse of the right to terminate. Specified in the scope of application, scope of damages, any termination right exclusion effectiveness, applicable way to commercial and civil order of the different aspects and so on are controversial. Especially with the gradual development of commercial entrusted, the existence of the trust contract is no longer the only basis. The regulation of the discretionary right of termination in the commission contract is more and more important. This paper will be divided into the following four parts:Part 1: The main content is the commission contract and its characteristic, the discretionary right of termination in the commission contract, in my view, the nature of the discretionary right of termination belongs to the legal right to terminate, and is a special legal right to terminate, in addition, I compare the discretionary right of termination with the legal right to terminate, and with the agreed right to terminate.Part 2: The main content is the origin of the discretionary right of termination in the commission contract, on the one hand, I set forth its theory basis from three respects; on the other hand, through the way of comparison method, I set forth the legislation of Germany, France, Italy, Japan, and provide the reference to the discretionary right of termination in the commission contract in our country.Part 3: The main content is the main problem of the discretionary right of termination in the commission contract in the reality dispute, set forth the problem in the reality, put forward the discretionary right of termination in the commission contract can’t be applied in the nameless contract, and uniform apply the discretionary right of termination without distinguishing between civil and commercial in the commission contract.Part 4: The main content is the abuse situation of the discretionary right of termination in the commission contract in the reality, set forth the limit of the discretionary right of termination in the commission contract, respectively from the two aspects of “the abandon of the discretionary right of termination in the commission contract by convention” and “the claim for damages of the discretionary right of termination in the commission contract”, limit the discretionary right of termination in the commission contract by convention and legal.The epilogue is the conclusion and improvement. Based on the above four parts discussed and summarized, I put forward its own perfect suggestions.