Research On Problems Of Arbitrary Termination Of Service Contract

Service contracts cover a wide range of applications and are used at high frequency in daily civil and commercial transactions such as culture and life.Although it is an unnamed contract at this stage in China,there are a lot of scholars who have thrown ink on it,and it has become an independent category.Based on the study of typical cases related to the service contract in the judicial practice,the paper interprets the inherent reasons for the different judgments in the application of the service right contract in the service contract,and then takes it as the internal reason.The focus of literary theory research.First,define the concept and scope of the service contract.A service contract is a contract for the provision of labor,and the scope of coverage includes any form of labor service.Secondly,through the type analysis,the entrustment contract and the contract can be used as the basic types of service contracts.The legal application can be applied by referring to the contractual contract and the contractual contract.Thirdly,through the inquiry of the arbitrary right of rescission system and the analogy of the applicable path,the problem of the application of the arbitrary right of revocation system in the service contract is solved.Finally,it is clear that the scope of the entrustment and contractual contract is applied to clarify the boundary to which the arbitrary rescission right of the service contract applies.This paper believes that the service contract analogy should be cautious in applying the system of arbitrary cancellation of entrustment and contracting.The specific path to consider whether the service contract enjoys the right to arbitrarily cancel the following is as follows:The service contract is an unnamed contract,and Article 124 of the Contract Law is applicable,and the system of arbitrary cancellation of the entrustment and contractual contract is applied.It is worth noting that the rules for the arbitrary rescission of the entrusted contract cannot be simply applied to the service contract,and it is necessary to limit the specific circumstances after the analysis of the legal relationship.If the unnamed service contract is a mixed contract with multiple elements,the basis of the contractual relationship between the two parties is not only the trust relationship,but there are other elements that maintain the contractual relationship between the two parties.Therefore,it is necessary to rule out the application of the arbitrary right of rescission to achieve fairness and reasonableness.