On The System Of Right Of Plea Against The Advance Performance

The unsafe right of plea against the advance performance is a new and important system of performing contract set up on the law of contract in our country. It's purpose is to prevent contract disputes, contract cheating and protect the legitimate rights and interests of the first performing part. The system of the unsafe right of plea against the advance performance, existing in bilateral contract, belongs to is a traditional system belonging to continental law. Combined with simultaneous performance pleadings and subsequent performance pleadings, unsafe right of plea against the advance performance construct a whole suit of legal system for protecting the expectant right of contract. Establishing the system of the unsafe right of plea against the advance performance plays a positive role on defending trade order and ensuring trade safety. Chinese junsprudential circle always pay great attention to the study of the system of the unsafe right of plea against the advance performance. Anticipatory breach of the Anglo-American law and unsafe right of plea against the advance performance of the Continental law ,both of which are the legal institutions constructed for protecting the expectant right of contract, have not only the similar institution function but also the different structure character . The Contract Law, 1999 adopts the system of the unsafe right of plea against the advance performance and the system of anticipatory breach of contract. The two systems have the sameness and both have the advantages and the disadvantages. Then is the incorporation of the two systems suitable. And how to make the selection. This problem is not only a challenge...