Research On The Right To Rescind The Contract At Will

Article 933 of my country's Civil Code stipulates the right to arbitrarily rescind the entrustment contract.The arbitrarily rescind entrustment contract is the liability for damages in the paid entrustment contract and the unpaid entrustment contract,which gives the client or the trustee the right to rescind the contract at any time.If the termination of the contract causes losses to the other party,unless there is a cause that can be attributed to that party,the exercise of this right does not require any liability for damages.Based on the trust basis of the trust contract itself,the establishment of this right is necessary for its existence.The trust contract is born on trust.When the trust foundation does not exist,the termination of the contract is the best solution.However,due to the arbitrariness and subjectivity of the right,the contract has always been in a state of insufficient stability.The application of the right of arbitrary cancellation,the scope of damages,the exclusionary effect of the special arbitrary cancellation right,the commercial and civil entrustment in the entrustment contract There are disputes in different applications,leading to endless cases of commission contract disputes in practice.For example,with regard to "contract deadlock",some adjudicators must either boldly make discretionary decisions and lead to "discretionary dissolution" or "judicial dissolution" of the party's basic civil rights,or they may falsify the parties' intentions and appear "tacit dissolution of agreement" and " Explicit dissolution of agreement".When the court hears a dispute over an entrusted contract,the ignorance of the statutory restriction and the intentional restriction on the right of arbitrary termination leads to different judgment results.The parties to the contract have different understandings of the liability for damages caused by the exercise of the right of arbitrary termination,which leads to arbitrary termination in practice.The situation of abuse of power really needs clarification and improvement.How to determine the termination rules such as "reasons not attributable to the party" and "improper termination time" that caused losses to the other party due to the termination of the contract? How to determine the validity of the exercise of the right to arbitrarily terminate the civil gratuitous contract and the commercial paid contract in the commission contract,the scope of compensation,and the abandonment of the special contract? In the face of how to improve and solve the above problems,this article will start with the problems in practical disputes,use specific cases as references and make a brief analysis,explore the relevant provisions of the current laws,and provide them with corresponding suggestions and solutions for better prevention.And resolve disputes over the right to arbitrarily terminate the entrusted contract.