Analysis Of The Legal Application Of The Right To Arbitrarily Rescind The Entrustment Contract

The justification basis for the existence of the right of arbitrary termination of a commission contract should be the balance and breakthrough of interest between the subjective factors of personal trust and the principle of strict adherence to the contract.On the contrary,if there is a trustee's interest or a partially mixed contract with a commissioned nature and the contract is stripped of the legal relationship of personal trust,the contract loses the legitimacy of arbitrary termination.First of all,with regard to the applicability of free commissions and paid commissions,the Civil Code compensates for the performance benefits of paid commissions to compensate for the trust deviation from free commissions.At the same time,in the current situation of uniform application of civil and commercial commissions,it is necessary to add restrictive applicable conditions for commercial entrust,that is,judgement of the legitimacy exercise condition of arbitrary cancellation through the qualitative nature of the entrust contract and the personal trust influence factor.Through the introduction of the "Civil Code" to the norms,commission contracts,intermediary contracts,construction project supervision contracts,and non-cause management can all refer to the applicable entrust contract specifications,but based on the differences in the legal basis,the construction contract can not refer to the applicable entrust contract Arbitrary dismissal rules.Secondly,the two parties agreed to exclude the application of the right to arbitrarily terminate the entrusted contract for effective protection of contract rights and interests.Because this specification is not a mandatory specification for effectiveness,but is based on the autonomy of the parties' will,taking into account factors such as diversified remedies: strong personal trust the unpaid entrust cannot be excluded by agreement;in a paid entrust contract that does not have a personal trust relationship,the agreement shall be considered valid if there is no infringement of public interest,and the arbitrary termination of the party constitutes a breach of contract.Finally,the dissolving party shall exercise the right of dissolution from the time the contract is established to before the trustee completes the transaction.When the entrust contract is terminated by notice,the arrival of the intention expression will have the legal effect of eliminating the contract relationship,and the entrust contract rights and obligations will be terminated.And it is not retroactive.If the counter party holds objections to the termination of the entrust contract,a lawsuit for confirming the validity of the termination notice can be filed,which is regarded as an expression of intent.The parties to an entrusted contract can agree on a period of exclusion from the time limit for the exercise of the right of cancellation.If the person with the right of cancellation does not exercise the right of cancellation of the entrust contract during this period,the legal effect can refer to the rules stipulated to exclude the right of arbitrary cancellation.If there is an attributable cause,the person with the right of rescission shall be liable for damages at an improper time to exercise the rescission right.The nature of this is different from the damages for breach of contract,but it can refer to the use of causality,predictability,derogation rules,negligence rules,and honesty.The credit and other principles shall be comprehensively recognized,and the burden of proof shall be allocated reasonably.