On The Right Of Arbitrary Rescission In The Contract Of Entrustment

The entrustment contract is based on trust,and both the client and the agent have the right to terminate the contract at will,which shows the subjectivity and no reason.With the emergence and development of paid entrustment,problems such as abuse of the right to terminate the contract occur in addition to the protection of both parties from the constraints of the contract in time.The focus of standardization is no longer limited to the trust relationship,but should turn to the relief way when the effectiveness of the contract is not stable.Based on the judicial practice,summarize the problems and analyze the reasons.On this basis,on the basis of reference to foreign laws,this paper expounds the scientific application and system improvement of the right to terminate the entrustment contract arbitrarily.First of all,it accurately judges the applicable premise of the right of rescission,and discusses the essential characteristics of the contract of entrustment that protecting the interests of the client.Secondly,from the perspective of contract interests,we regulate the effect of the intentional restriction of the right to terminate arbitrarily,and deny the effect of the agreement excluding the application of the right to terminate arbitrarily.In the end,the paper standardizes the compensation for the damage of the termination at will,and proposes that if there is no cause attributable to both parties,the loss should be shared reasonably based on the fair responsibility;the compensation scope should be defined according to the time of termination and the alternative measures.