On The Right To Terminate The Commission Contract Arbitrarily

The principal-agent sales contract of commercial housing is not a typical famous contract,in the "contract law" does not expressly provided otherwise,a mixture of entrust and brokerage,trading and other elements.According to article 124 of the contract law,if a contract is not explicitly provided for in the specific provisions of this law or in any other law,the provisions of the general provisions of this law shall apply,and the provisions of the specific provisions of this law or other laws that are most similar may be referred to.According to this,whether because the content of the commodity housing agency sales contract is similar to commission contract,and confirm that it can apply the compensation rules of the right to terminate arbitrarily and the right to terminate arbitrarily.In practice,whether the right of rescission can be applied to nameless contracts similar to commission contracts has always been controversial,supported and opposed..In addition,the entrusted agency sale contract as paid commercial agency contract,generally involved in significant quantities and liability for breach of contract,any termination right over to protect the interests of the termination of the contract party's trust,for the paid another party entrusted by the fair,at the same time for the exercise of any right to cancel the damages range contains available has always been an interest larger controversy.The principal or the agent may terminate the contract at any time,and shall only compensate the other party for the loss if the case can be attributed.It is generallybelieved that the premise of the establishment of the commission contract is based on the trust relationship between the two parties.The principal does not pay the remuneration to the agent,and the entrusted matters are easier to achieve without too much effort on the part of the agent.Therefore,when the two parties want to remove the constraints brought by the trust relationship,the law should not obstruct.However,with the increasing complexity of civil and commercial activities,the content of the commission contract is increasingly rich,and the trustee may need to spend a lot of manpower,material resources and financial resources to complete the entrusted matters.At this time,if the right to terminate the commission contract is not restricted,the trustee will face a very unfavorable position.In practice,in order to maintain the stability of the contract,both parties of the contract usually agree to abandon the right of Rescission in advance.This phenomenon "huamao v.disputes over consigned sales contracts for commercial housing" is also reflected in the more common case.The effectiveness of such behaviour,how should first decided to entrust contract any termination right belongs to the "mandatory" or "arbitrary regulation",only in that it belongs to the cases of "arbitrary regulation",is to continue the discussion shall respect party autonomy or distinguish all circumstances necessary for dealing with respectively.Article 410 of the contract law does not specify the scope of damages for the right of arbitrary termination of the commission contract.The civil judgment of jiangsu higher people's court(2015)no.00479 and the civil judgment of the Supreme People's Court(2017)no.124 of the supreme law minshen once again highlight these issues and are worth discussing.