Research On The System Of Uncertainty As A Defense

The Contract Law of the People's Republic of China, effective as of October 1, 1999, fully introduces the system of Uncertainty as a Defense of the Continental Law and absorbs the reasonable components of the system of Anticipatory Breach of Contract of the Anglo-American Law. With an organic combination of the two systems, China forms its own system of Uncertainty as a Defense and system of Anticipatory Breach of Contract, which represents the world's new trends of the development of civil and economic laws and marks the historic breakthrough of China's legislation. The systems produce a profound magnificence in the guarding against contract risks, in the maintenance of transaction safety and in the healthy and orderly development of our national economy. However, many problems have occurred during the legal practice of the system of Uncertainty as a Defense and they need us to solve. With a combination of views of experts and the practice of China's Contract Law, the paper expounds in the first chapter the system of Uncertainty as a Defense from the aspects of its concept, legislative origin, application condition, legal effectiveness and reasonability, etc. Because of their similarity, the paper explainsin the second chapter the system of Anticipatory Breach of Contract , compares it with the system of Uncertainty as a Defense and analyses the differences between the two systems, pointing out that the latter can't be replaced by the former. In the third chapter, the paper makes comments on China's System of Uncertainty as a Defense, points out some existing problems and offers some suggestions for the improvement of the system.