Research On Unsafe Right Of Defence And Anticipatory Breach Of Contract

Unsafe right of defense, one of the important rules of the contract law of PRC, was originated from the Honest and Credit principle of Civil Law, embodied in the specific stipulations in written. The exercise of unsafe right of defense is limited by the physical and procedure requirements. Anticipatory breach, one of the important rules of the modern contract law of common law, was first developed by English court. With several hundreds years' development, it is very perfect now, and has influence on a lot of legislation of different countries and even the making of some international conventions. Anticipatory repudiation and diminished expectation constitute the two basic patterns of Anticipatory breach of contract. The law stipulated respective relief ways based on the different natures of the two. These relief ways enable the party who doesn't break the contract to timely protect its own legal rights under the condition of the against party breaking the contract in advance, so as to avoid bigger loss. The new contract law of PRC has stipulations about the two rules, though there exhits some inconsistency, it can be solved by application of law.