Study On The Any Termination Right Of The Agency Appointment Contract

After the "Civil Code" was promulgated in May 2020,Article 933 has improved the scope of compensation for the loss.Article 933 of the New Chinese “Civil Code”has absorbed the mainstream views in the academic circles in recent years,that is the scope of compensation and reimbursement for losses and damages caused by the party to a paid entrustment contract inappropriately implementing the right of termination,including but not limited to the straightforward direct loss and damage of the counterparty,as well as the benefits that can be obtained or gain after the contract was being executed.The example reflects the scientific and inclusive nature of our great Civil Code.Starting from legal regulations and practice,this article divides into four chapters to discuss the right to arbitrarily rescind the entrusted contract through the method of case analysis and comparative analysis.The first chapter analyzes the improvements and deficiencies of the Civil Code by comparing the different provisions of the Civil Code and the original "Contract Law" on the right to arbitrarily terminate the entrusted contract.It compares the right of arbitrary cancellation in the entrustment contract with that in other types of contracts.The second chapter mainly elaborates the regulations of various countries on the right of arbitrary cancellation from the comparative law.By understanding the provisions of the legislation of the Federal Republic of Germany,Japan,Italian Republic,French Republic,and many other countries on the right of arbitrary dissolution,a comparative analysis of my country’s and other countries’ arbitrary dissolution from different aspects such as the basis for production,the scope of application,the effect after exercise,and the effectiveness of agreed exclusion The difference between the provisions of the right.Focus on the reasons for this difference.·The third chapter is the core chapter of this paper.The discussion mainly focuses on several controversial issues in the practice of the right to arbitrarily terminate the entrusted contract.Focus on the analysis of the particularity of commercial entrustment contract and the rationality of the right of arbitrary termination of entrustment contract in commercial contract.Analyze entrusted contract in practice,and put forward personal opinions.Finally,it analyzes the effectiveness of the breaching party’s exercise of the right of arbitrary cancellation.The fourth chapter mainly discusses the application of compensation for the loss.Pay attention to discussing the positioning of the nature of the arbitrary right of rescission in Article 933 of the Civil Code and the compensation after the exercise of the arbitrary rescission right.Emphasis on the protection of contract keepers,pay attention to the principle of fairness,and avoid serious infringements on the interests of contract keepers.