Article 787 of the Civil Code of PRC is based on article 268 of the Contract Law, which provides for the discretionary termination right of the hirer. The purpose of the system is to protect the interests of the client and avoid the waste of social resources. The discretionary termination right can only be applied to the contract of work, and it should not be applied to the construction field. In terms of time requirement, the discretionary termination right can only be exercised before the completion of the contracted work. In terms of subjective elements, this article shall exclude the situation of breach of contract by the hirer. There is the obvious distinction between the discretionary termination right and legal right of rescission. This article suggests that the contractor has the right to claim the full remuneration stipulated and agreed in the contract and the expenses increased due to the termination of the contract, but the cost saved by the contractor due to the termination of the contract should be deducted.
宁红丽. 《民法典》中定作人任意解除权的适用要件与法律效果[J]. 浙江工商大学学报, 2020, 34(6): 30-43.
NING Hongli. The Discretionary Termination Right of the Hirer in Work Contract:Interpretation and Application of Article 787 of the Chinese Civil Code. Journal of Zhejing Gongshang University, 2020, 34(6): 30-43.