A Study On The Arbitrary Rescission Right Of The Agency Contract

In the judicial practice of our country, the regulation of the four hundred and tenth of "Contract law" there is any termination right abuse, applicable scope broad etc.And there are many controversial compensation problems after the termination of the contract, Most of the court only support direct damage but does not support the indrect loss, Which in the actual operation process are vague. This paper studied a lot of judicial cases, realizing that whether in theory or practice, the exercise of any of the agency contract termination right and compensation problems after exercising are worth studying topic. So in line with the concept of fairness and justice of law, Starting from the safeguard the legitimate rights and interests of the contract the parties, This article chose to entrust contract termination right any study of this thesis.General overview of the main ideas of this article is from the agency appointment contract and its legal basis, through introducing the problems that exist in the judicial practice in our country and referencing provisions in the contract in the other countries.This paper expounds many problems and the compensation after exercising termination right. Finally the author's point of view is presented, any hoping it is helpful in our country in practice.The paper is divided into three parts:The first part mainly discusses the basic theory of the agency appointment contract any termination right overview. This section through discussing the basis of general concepts of the agency appointment contract any termination right, then discussing.the basic legal characteristics as well as the legal basis of exercising termination right. This part emphasizes on the problem when any of the agency contract rescission with general legal termination right conflict. which one we should be preferred to use. We should take priority for general legal rescission, when it do not conform to the general legal relieve power, Shall not be converted to any termination right.The second part discusses the problems existing in the arbitrary rescission right of the agency contract This part of focus four aspects this paper expounds the entrust contract rescission in any problems,by referring to relevant cases put forward concrete problems and analysis them one by one. First, the agency contract any problems in exercising termination right. In practice, put forward to remove contract,the parties shall have the right at any time the agency appointment contract, analysis its unreasonable place. Second, entrust any effect of contributing to give up the right to terminate contract. In theory, there are different theories. In practice, there are also differences, analysis and demonstrated that the contract take different effectiveness and make different referee's unfair. Third, entrust the compensation after the contract is terminated any problem. This part is also a part of the paper to focus on. Through analysising the case of dalian panqi against shanghai panqi, Points out that the practice only pay,for,the,direct,losses,don't,compensate,for,indirectlosses,is,not,reasonable.Fourth,commissi oned after the contract is terminated any penalty due to breach of contract. Practice is mostly in any of the agency appointment contract rescission is different from the nature of the general legal rescission, so it is not to apply the liquidated damages clause. Analysis and demonstrate the unreasonable problems in practice.The third part discusses the related view of the author of the thesis. Including to distinguish.between.the.agency.appointment.contract.types;makingdifferent,estrictions;Contri buting to give up the agency appointment contract at any termination right to both sides, In principle, it should be effective, but allow exceptions;putting forward concrete suggestion of the compensation after exercising of any termination right.In particular, the two sides agreed to benefit compensation should compensate according to the agreement.