Research On The Limitation Of Arbitrary Cancellation Rights Of Entrusted Contracts In China

The any termination right of the agency appointment contract originates from Rome law,whose basis is generally based on friendship,private relations,and remuneration is considered to conflict with the essential spirit of the traditional contract mode.The pursuit of the continuation of the non-gratuitous characteristics of the trust system of Civil law system in commissioned by the trust relationship between the parties,are therefore derived from.With the development of social economy,paid Commission gradually prevails,so that the any termination right of the agency appointment contract is gradually increasing,and abusement gradually increases.In order to limit the use of any right to terminate the paid entrustment and safeguard the legitimate rights and interests of both parties of the contract,each civil code has formulated the relevant laws and regulations to limit the exercise of any right to terminate the contract.Chinese contract law provisions of article 410 th of any termination right of the agency appointment contract,namely the principal or the trustee may terminate the contract to the other party due to the termination of the contract losses,except not attributable to the parties,shall compensate for the losses,in order to protect the contract as the basis when the parties to a trust relationship.However,the provisions in judicial interpretation,did not give its detailed judicial interpretation.Because its provisions are too broad,there is no distinction between paid Commission and free Commission,there is no limit contact contract time,people can use it at any time during the contract.About the parties agreed to abandon any right to terminate the issue,there is no clear effect on its effectiveness to be identified.Because there is no restrictive provisions,in real life,there has been a large number of contract parties abuse of arbitrary right to terminate the phenomenon.In recent years,due to the complexity of contract types and contract interests,the legislative background of the arbitrary right of rescission has changed,resulting in the purpose of the system is not enough,one-sided protection of trust relations,abuse of rights.In view of the right itself is an exotic approach for the problem of comparative law is worth learning.Through the comparison of the legislation of each country,it can be concluded that the right to terminate the contract can be regulated in many ways.Such as the Swiss civil code of the time limit,which shall exercise the right does not allow the entrusted matters after the completion of the time;setting restrictions,allowing both parties agreed,abandon any contract rescission right,almost due to non mandatory legal provisions,but the provisions of any law;for example,Germany will contract the right limit free of charge in the contract,shall not apply to consign,etc..Clear our contract right in the existing regulation,can be asked to do,can have more targets to find solutions to the lack of detailed provisions;using the method of comparative analysis of the existing problems,to actively learn from the legal norms reasonably,better for the contract right,limitation of refinement provide effective and more practical significance way possible.