On The Unsafe Right Of Defense In Chinese Contract Law

The unsafe right of defense is an important regulation in traditional civil law. By borrowing from and obsorbing the soul of anticipated breach of contrant in the Anglo-American legal system and the unsafe right of defense in the civil law system, the Chinese Contract Law provides two regulations of different legal system in one law, by obsorbing the reasonable experence of the diminished expectation in the Anglo-American legal system, develop the unsafe right of defense of the civil law system, and designs the regulation of the unsafe right of defense with Chinese characteristic. It is favorable for prevent contract risk, ensure trade safety and protect the parties'rights. But when the Chinese Contract Law is enforced, there are many arguments on the regulation of the unsafe right of defense and the anticipated breach of contrant. Many scholars consider that: there are many defects in the regulation of the unsafe right of defense, and the articles about the unsafe right of defense and the andicipatory breach of contract, which make confusion in judicial practice, so it is needful to clear and amend them. In order to give rational opinion of the unsafe right of defense in Chinese Contract Law, in the dissertation, the author will firstly analyse the concept and the theoretic valure of the unsafe right of defense. By comparing the unsafe right of defense in the civil law system, the andicipatory breach of contract in the Anglo-American legal system and the similar regulations in United Nations Convention on Contracts for the International Sales for Goods, absorb reasonable part. Look back the process of regulating the unsafe right of defense, on base of analyzing generally the focus of arguments, make a rational opinion and give reasonable explanation of the problems when use the regulation of the unsafe right of defense. Wish give some reference for judicial practice and be help for the constitutation of Chinese Civil Law.