委托合同的任意解除权研究

Research on the Right of Arbitrary Termination of Entrustment Contracts

摘要: 《中华人民共和国合同法》第410条作为解决委托合同纠纷的条款，已经不能应对当下层出不穷的新问题，于是《中华人民共和国民法典》第933条应运而生，对委托合同的任意解除权进行了细化，将解除方的责任按照有偿委托和无偿委托进行不同规定。《民法典》第933条虽然完善了旧法，但是在司法实务适用时仍然存在委托合同任意解除权的适用范围不明确、约定排除委托合同任意解除权的效力存在争议、委托合同任意解除权的损害赔偿范围认定不一的问题，针对这些问题可以从限制委托合同任意解除权的适用范围、完善委托合同任意解除权的效力认定规则、明确委托合同任意解除权的损害赔偿范围等方面进行改进。

Abstract: Article 410 of the Contract Law of the People’s Republic of China, as a provision for resolving disputes over entrustment contracts, is no longer able to deal with the emerging new problems. Therefore, Article 933 of the Civil Code of the People’s Republic of China came into being, detailing the right to arbitrarily terminate the entrustment contract, and making different provisions on the responsibilities of the party who terminates the entrustment according to paid entrustment and free entrustment. Although Article 933 of the Civil Code has improved the old law, there are still some problems in the application of judicial practice, such as the unclear scope of application of the power of arbitrary dissolution of the entrustment contract, the dispute on the effectiveness of the agreement to exclude the power of arbitrary dissolution of the entrustment contract, and the inconsistent determination of the scope of damages for the power of arbitrary dissolution of the entrustment contract. To address these issues, improvements can be made by limiting the scope of application of the right to arbitrary termination of the commission contract, improving the rules for determining the effectiveness of the right to arbitrary termination of the commission contract, and clarifying the scope of damages for the right to arbitrary termination of the commission contract.