Restriction Of The Right Of Any Right To Terminate The Contract

Section 410 of the Contract Law provides for the arbitrary rescission of the commission,if a loss is caused to the other party as a result of the termination of the contract,the loss shall be compensated except for the reasons which cannot be attributed to the party." This article is about the provision of the right of arbitrary rescission of the commission t contract.The principal or trustee may terminate the commission t contract without asking the cause,without the limitation of the subject and time,and the arbitrary right of discharge is the right of formation.In principle,the notice of termination can be automatically terminated when the notice of termination arrives at the other party's contract.As long as the party exercising the right of termination can prove that the reason for the termination of the contract is not attributable to the cause of the contract,it can be exempted from compensation.To compensate for responsibility.This paper is divided into four parts.The first part is the introduction,which mainly discusses the background significance,research methods,research contents,literature review,innovation points and shortcomings,expounds the origin and development of the commission t contract and its arbitrary dissolution,collects the cases through the database,and better leads to the problems discussed in the article in the form of charts.The second part uses the empirical analysis method,unifies the case to propose the present situation of the commission t contract arbitrary rescission right in the practice,mainly includes: the commission t contract arbitrary rescission right in the practice application scope is too wide;whether the commission t contract arbitrary termination right can be excluded and applied in advance,the court decision opinion is different,causes the practice does not form the unified judgment standard;Whether the scope of compensation after arbitrary dissolution includes available interests is also controversial.Some courts support it to a reasonable extent according to the performance of the parties,while some courts only support the actual loss and do not support the compensation for the available interests.The third part discusses the essence of unpaid commission t by using the method of historical analysis,and then analyzes the reasons for the wide scope of application from the point of view of the change of the type and legal basis of the commission t contract.Secondly,from the point of view of the type of right norm,by analyzing whether the right of arbitrary discharge belongs to arbitrary norm and then it can be excluded and applied by the parties,the reasons for the different opinions of adjudication can be obtained.Finally,by analyzing the claim of available interests without legal basis and proving that it is difficult to prove the facts and amount of damage to available interests,the reasons for the inconsistency of the judgment of competences interests are obtained.The fourth part uses the method of comparative analysis,draws lessons from the overseas experience,adopts the "relative restriction mode",from the intentional restriction and the legal restriction two angles,in the arbitrary discharge right application scope aspect,confirms the arbitrary discharge right in the unpaid commission t or the paid civil commission t the effect,should be restricted in the commercial commission t;With regard to the application of the right to exclude arbitrary discharge by special contract,denying the effect of excluding the right of arbitrary cancellation in advance in unpaid commission t or paid civil commission t,it is certain that the agreement shall have effect in commercial commission t,unless the agreement violates the public order and good customs or damages other rights and interests;in the scope of damages,in the free commission t,the principle No compensation shall be provided for compensation in the interest of the trustee,except for the improper timing of the release or the benefit of the trustee,but the scope of the compensation shall be determined on the basis of the specific circumstances.