论委托合同的任意解除权

山东交通学院毕业论文AbstractAs a kind of transaction contract,commission contract exists widely in modern society.However,in practice,there is often such a phenomenon that the parties of the contract abuse the right of arbitrary rescission in order to make profits,which will not only destroy the trust between the parties,but also go against the maintenance of market order in the long run.From the point of view of the Civil Code of the People's Republic of China,which endusts both parties of the agency contract with the right of arbitrary rescission,it is undoubtedly to ensure that the parties can get rid of the contract in time.However,the agency contract has become more complicated with the development of social practice,and there are no restrictions on the phenomenon of the parties abusing the right of arbitrary rescission.This paper argues that should accurately grasp the applicable premise of arbitrary termination right,attention paid and unpaid contractto different value orientation,and use the typed thinking to solve problems,to promote the balance of the interests of both sides,at the same time in other country law,on the basis of this contract to any termination right of scientific and complete system.Based on the historical development,characteristics and legitimacy of the system of arbitrary rescission,this paper demonstrates the meaning,characteristics and the scope of damage compensation of the right of arbitrary rescission in the commission contract.Atthe same time,we summarize the actual cases,summarize the problems and experience in judicial practice,and put forward relevant suggestions for judicial practice.Key words:The agency appointment contract;Arbitrary release;Trust relationship;Claims for damages