On The System Of Anticipatory Breach Of Contract

The system of anticipatory breach of contract which origmatesfrcnn tie cominon law legal system fully embodies the value conceptions of contract law, mat is efficiency breach of contract and concurrent consideration of fairness. This system has a great influence on the contract law in various countries after developing for 150 years. This system is also introduced into the Contract Law of Peopled Republic of China issued and implemented in 1999.This paper analyses and illustrates the system of anticipatory breach of contract in China by using the method of realistically comparative analysis to compare the different regulations of the same system and different system and the method of historically comparative analysis to analyze the development and change of this system in China. Finally, the author comes to the following conclusions. Firstly, comparing with the original Foreign-related Economy Contract Law of Peopled Republic of China, the system of anticipatory breach of contract of China has greatiy improved because the apprying scope of it is wider, the types of the breach of contract are more compact, the judging standards of the breach of contract are more definite and relief measures of the breach of contract are more perfect Secondly, this system is not only based on the basic framework and legal system of continental law, but also absorbs and refers to me regulations in common law and those in United Nations Convention on Contracts for the International Saks of goods, the system introduces strong points of the regulations other than simply transplants some regulations of the latter two, therefore, the anticipatory breach of contract system in China has its own specific characteristics. It is similar to common law and United Nations Convention on Contracts for the International Saks of goods and different from the two as well Some regulations of it still have me trace of prior performance defense. In the meantime, it is both similar to and different from the common law and the United Nations Convention on Contracts for the International Saks of goods in languages expression, the types, judging standards and relief measures of the anticipatory breach of contract and so OR Thirdly, although the present system of anticipatory breach of contract can match the regulations in the common law legal system and the United Nations Convention on Contracts for the International Sales of goods, and even be superior to the latter two in certain fields, it still has its own weak points, for instance, the structure of certain law articles is loose, the meaning of the certain articles is vague, the contents of the certain articles are overlapping. The whole system is lack of unity, continuity and stability. The paper analyzes and illustrates this system from the aspects of the basic law values in expectation of offering certain help in perfecting the system of the anticipatory breach of contract in China...