Research On Damage Compensation Of The Right Of Termination Without Any Reason Of Commission Contract

The right of termination without any reason is very special in the contract law of a system,but due to the development of the society,gradually increase to the requirement of stability of the contract between the parties to a contract,we should discuss both in theory and practice this right and the right to exercise after damage compensation issues,the civil code of our country will introduce this kind of right of the rules in the contract,for the legislative trend and the problems in practice.The damage compensation system after the exercise of the right to cancel should be the key point that should be discussed at the present stage,especially in practice.The problem of compensation for damages after the exercise of this right is universal.Therefore,this paper studies the legal basis,compensation scope and calculation method of the compensation for damages after the exercise of this right,the effectiveness of the special abandonment of the right of arbitrary rescission and the compensation problem,which is mainly divided into the following four parts:The first part of this article disputes related cases in judicial practice for the data statistics,based on the research of the data mainly entrust contract dispute its universality,complexity,much as paid commission and that arbitrary exercise of the termination right is controversial.Through to the case,in this paper,there are three problems should be discussed,namely What is the legal basis for claiming damages;What is the scope of compensation and how is the damage calculated;If the parties to the contract agree to abandon the right to rescind arbitrarily stipulated by law,then the effectiveness of such agreement and the compensation for the damage caused by the rescission of the contract under such circumstances.The second part mainly discusses the legal basis of the arbitrary termination right of the commission contract and the compensation for damages after the execution.The legal basis is comment on any of the agency contract rescission and damages after exercise on the analysis of the law,focusing on the current "contract law" article 395,article 405 and article 410 of the applicable and distinction,and the controversial "blame" question in article 410 has carried on the further research,moreover also on the renewal of the relevant provisions in the civil code compiled by the certain explanation analyzed.The third part is the text key,aimed at resolving scope and calculation of damages incurred after the termination of the commission contract.Firstly,I introduce the current situation of this issue under the current law through real cases in judicial practice,and then discusses the legal basis of the right of arbitrary termination and the compensation for damages to argue the adjustment of the scope of damage compensation can limit arbitrary termination right.Finally,some suggestions are put forward on the scope and calculation method of damage compensation after the exercise of the right to terminate the entrustment contract arbitrarily.The fourth part demonstrates a special problem about the exercise of the right of arbitrary rescission in practice,that is,the effectiveness of the special contract to abandon the right of arbitrary rescission,and discusses the scope of the liability for damages to be borne after the rescission of the right.