Research On System Of Anticipatory Breach Of Contract

Anticipatory breach of contract, also called anticipatory delinquency, refers to that before the expiration of contractual duty as specified by the contract, one party of the contract expresses to the other party that he will not implement the contract or there are sufficient evidences to show that he will not implement the contract by the time of expiration. A scrap contract can be formed either by language or by act. The former one refers to that one litigant expressly states that he is not going to implement the contractual duty; while the latter one refers to that one litigant make himself under the condition in which he is not going to implement the contract. The system of anticipatory breach of contract, as an extremely system in contract law, performs the function to ensure the contractual creditor's right and to maintain the transaction order. In British and American laws, "UN Convention of International Goods Sales Contract" and "Contract Law of People's Republic of China" there are specifications about the system of anticipatory breach of contract. With the development of the world economy, syncretization of theories of the two law systems is a tendency for the development of law systems. At present, with China having entered into WTO, to enhance the study and research of the advanced experience in legislation from various countries all over the world especially from the two big law systems is not only an emphasis on theoretical study of law science but also an urgent task to be fulfilled by worker of law practice. This thesis consists of parts, analyzes and discusses the concept and characters of anticipatory breach of contract, theoretical doctrine and legislative pattern of anticipatory breach of contract, modality and remedy method of anticipatory breach of contract in Anglo-American law system, and the system of anticipatory breach of contract in the current legislation of our country and its perfection, and sets forth some problems such as inconsistency and incoordination occurring while China assimilates the system of anticipatory breach of contract from Anglo-American law system and the system of unstable right to defense. Through analyzing and comparing the system of anticipatory breach of contract specified in British and American laws and "UN Convention of International Goods Sales Contract" it points out the deficiency of the system of anticipatory breach of contract in our country and makes some proposals to perfect the system of anticipatory breach of contract in China.This first part analyzes the concept and character of anticipatory breach of contract. Anticipatory breach of contract consists of express anticipatory breach of contract and implied anticipatory breach of contract, which is the specified by the Anglo-American law system. Correspondingly, the continental law system stipulates unstable right to defense. However, the two different systems, each has its own advantages and disadvantages. By understanding the concept of anticipatory breach of contract, analyzing the characters and comparing anticipatory breach of contract with unstable right to defense, we can see that anticipatory breach of contract has been above the boundary between different law systems and identified by countries all over the world. With the development of the market economy, the social relations are becoming increasingly complicated, the transaction activities are getting more frequent, and there is a tendency for various big law systems to syncretize. Through analyzing and comparing the anticipatory breach of contract specified by British and American laws and "UN Convention of International Goods Sales Contract", it is obvious that the systems of anticipatory breach of contract in various countries are somewhat different with regard to concept and character. Stipulation of the Anglo-American law system, however, is relatively reasonable. The second part analyzes and compares the theoretical doctrine and legislative pattern of anticipatory breach of contract. What directly infringed by...