The Typological Construction To The Right Of Arbitrary Rescission In The Commission Contract

The Article 410 of Contract Law of our country has aroused controversy onthe comprehend and adhibition in the legal practice.From the first sentence of thisarticle,it doesn't distinguish between civil or commercial commission.Both thebailor and the bailee can exercise the right of arbitrary termination,and there are norestrictions on the exercise.This has led to many disputes.The second sentence of thisprovision can be understood literally as long as the damage to the other party iscaused by the exercise of the right of arbitrary dissolution,unless it is not attributableto the person of arbitrary dissolution,it should be included in the scope of damages,but the scope of damages is not clear,whether the performance benefit can beincluded is controversial.Therefore,it is necessary to research the two issues.This article has divided into three parts.From the first part,it defines the basicconcepts of the commission contract and introduces the relevant basic principles ofthe right to arbitrarily cancel.And from the civil and commercial commission toexplore the commission contract arbitrary termination and to limit the scope ofdamage compensationThe second part discusses the limitation path of the title of arbitrary dismissal inthe civil commission contract.The author believes that in civil commission,therelative limitation of damages should be taken for the right of arbitrary dissolution.Specifically,in unpaid civil commission,based on the theoretical basis of special trustbetween the two parties,autonomy of will,etc.,the parties' right of arbitrary dismissal should be recognized,and in unpaid civil commission involving trustee's interests,it should not Restrict the bailee's right to arbitrarily dismiss,unless attributable to bailee's cause,the compensation should be made for the loss caused by the dismissal,and the scope of compensation should be determined by comprehensive consideration of various factors.The scope of damages for the trustee to exercise the right of arbitrary termination shall be limited to the loss of trust benefits to the client due to improper termination time.In paid civil commission,through considerations of the value of freedom,trust,and efficiency in comparative law and paid commission,it should not limit the right of both parties to arbitrarily dismiss.Unlike unpaid commission,The losses shall be fully filled,and the liability to perform the benefits shall be assumed.The third part discusses the restriction path of the right of arbitrary dismissal in the commercial commission contract.After studying the comparative law and practical cases,the author concludes that the commercial commission has a great deal with the civil commission in terms of the parties' trust,autonomy and freedom and efficiency.The difference is that if the relative limitation method of damages is taken blindly,it will cause an unfair state of the counterparty.Therefore,based on the special nature of commercial commission,the existence of the right to arbitrarily cancel the commercial commission should be ruled out in an absolute way to maintain transaction security and the legitimate interests of both parties.