Research On The Right Of Arbitrary Rescission In Contract Law

The system of arbitrary termination is an important part of contract termination in China's contract law.The current contract law of our country is very brief and lacks the necessary restriction,which leaves a gap for the right holders to abuse their right s.In real life to conclude the transaction,between the parties in the contract any resc ission or exclude the applicable termination right situation,and when disputes arise,th e contract law did a staff attitude may help in solving disputes is difficult to;In addit ion,any termination right as a special legal right to terminate,the exercise of the leg al effect of also should have corresponding characteristics,the "contract law" the legal effect of simple rules are often made when the market trading and the judicial practi ce.At present,the theoretical study of arbitrary termination right is less,also hard to parcel out many issues,this article attempts to the academic research results on the ba sis of in-depth study,through comparative analysis,interest measure and method of he rmeneutic method,analyzes the problems of arbitrary termination right system,in orde r to to solve the problem of some key problems of theory and practice.The first chapter mainly through to the Angle of contract any termination right b asic theory research,think the existence of any termination right basis and continue to contract an association,and on the basis of an analysis of the concept of "terminatio n of absolute freedom" the essence of any termination right.The second chapter mainly discusses the reason and the way of the restriction.T he author absorbs some scholars point of view,and arbitrary to remove of the contrac t can be divided into "contract" contract and agency contract,the former including co ntracts,keep the contract,the warehousing contract,the contract of carriage,etc.,and discussed respectively,and get paid,in the period of the agency appointment contract should not be given any termination right,the parties and the "contract" any lift to ca rry on the individual.The chapter also whether arbitrary exercise of the termination ri ght on the premise of damage compensation problem are discussed,this paper argues that in the contract shall be paid in damages as a precondition of arbitrarily terminate the contract.The third chapter discusses the effectiveness of arbitrary termination.The special contract of arbitrary termination shall include the agreement to exclude the applicationof any right of rescission and the agreement of any termination right in the general contract.In this paper,the contract parties should agree on the principle of arbitrary t ermination,except in the case of honest credit or public order.The main content of chapter 4 is the legal effect of the exercise of arbitrary pow er.This chapter first elaborates the contract which is terminated by the exercise of arb itrary right of disclaimer,which is not retroactive in legal effect;In terms of the scop e of compensation,the author believes that the actual loss caused by any termination should be compensated,and whether the expected benefit is the scope of compensatio n should be subject to the subjective fault of the party.