Study On The Scope Of Damage Compensation For Arbitrary Termination Of The Entrusted Contract

The 410 th clause of the contract law of China stipulates the compensation for the right to terminate the contract,but the scope of compensation is not clear.The theoretical and practical circles have been debating the scope of damages after arbitrarily dissolving the entrustment contract,with many arguments about the concepts of direct loss,trust interest and available benefit.This article begins with the analysis of the theoretical dispute of the scope of damage compensation,through the analysis of the domestic legislation and the present situation of the judicature and the experience of foreign legislation,on the basis of which the types of entrustment contract are divided into how to determine the scope of the loss compensation.In addition to the introduction and conclusion,this article is divided into four parts.The first part analyzes the theoretical controversy about the scope of damages.The two main points of view on the scope of damages in the theoretical circle: to support direct loss and to support direct loss and available benefit are discussed,and the conclusion that the scope of the same damages should not be simply applied to the same scope should not be simply applied.The second part is about the status quo of the scope of damages for arbitral dissolution of contract.This part mainly expounds the legislative and judicial practice of the scope of damage compensation after the arbitral termination of the entrustment contract.Through the analysis of the scope of damages after the termination of the general contract stipulated in the legal document,the definition of the scope of compensation for damages after the lifting of the entrusted contract is discussed.It also enumerates several cases of compensation disputes arising from the application of the right to rescind the contract,and analyzes the application of the 410 th articles of the contract law in judicial practice.The third part analyzes and compares the extraterritorial provisions of the indemnity of the indemnity contract.From the comparative law,this part studies the provisions of several countries in Germany,France,Switzerland,Japan and Italy on the indemnity and rescission of the contract of indemnity.Through the reference of foreign legislation,the paper puts forward the consideration of the typed distinction of the entrustment contract in China,and applies different damages to different types of entrustment contracts.The fourth part is about the categorization of the scope of damages for arbitral dissolution of a contract of trust.The contract will be divided into unpaid and entrusted delegated discussions.In the case of the principal's arbitrarily relieved contract,there is no damage to the compensation in principle.When the contract has the interests of the trustee at the same time,the trustee may ask for damages in accordance with the corresponding rules.If the trustee exercises the right of arbitrarily relieving the unpaid entrustment,it may revoke the disposal of the gift at any time in the gift contract and compensate the trustee's damaged trust interest.In a paid entrustment,the trustee can dissolve the contract arbitrarily,and the trustee,in addition to the direct loss,may claim the loss of interest in certain rules when the entrustment contract is also the principal's benefit.If the trustee arbitrarily terminates the contract,he distinguishes whether he or she can take alternative measures to continue dealing with the matter and bear the liability for damages.