Study On The Legal System Of Anticipatory Breach Of Contract

Anticipatory breach of contract is one set of remedial system for break of contract developed from Great Britain and American law. It means: After a contract has been validly established, and before it comes to the expiration of performance, a party demonstrates affirmatively and positively that he will not perform or the one party predicts other party will not perform the contract according to the object fact. Those countries in traditional civil code, but found the relevant solving way from their own theoretical frame of law.This text tries to probe into the caused problem because of leading Great Britain and American law into original continent frame of law in our "contract law" through studying different settlement of problem about anticipatory breach of contract in those countries with Great Britain and American law or continent law, and pat forward the idea of solving these problems.First part is about the general introduction of theoretical question of anticipatory breach of contract in Great Britain and American law system. Have investigated the origin, concept and characteristic of the anticipatory breach of contract at first then analysed theoretical foundation and value implication of anticipatory breach of contract in terms of jurisprudence. Second part investigate that the country of continent law how to solve problem of anticipatory breach of contract by Germany law, and explain the latest development of anticipatory breach of contract by new Germany debt law in detail. The third part sets out to the legislative idea of settlement about anticipatory breach of contract from two law system, probing into dispute caused by leading Anticipatory breach of contract of Great Britain and American law into frame of continent law system and pat forward one's own idea in the problem of anticipatory breach of contract in our "contract law".