Research On The Protection Of Contract Benefits Before Performance

The system of anticipatory breach is created to avoid risks resulted from performance of contracts, which is of great significance for reducing losses caused by actual breach of contracts, resolving contract disputes in time, and promoting business safety and efficiency. On the basis of researching basic theories of Common Law on anticipatory breach and comparing relative systems, this essay analyzes Chinese regulations on anticipatory breach and right of defense of the anxious, considers Chinese legal practice in the field of contract law, and puts forward the framework for constructing and perfecting our country's anticipatory breach system.Chapter one "The origin of anticipatory breach and it's definition analysis" is the first part of this essay, which is mainly about issues concerning the origin of anticipatory breach and its definition analysis. Beginning from the origin of anticipatory breach, the writer introduces anticipatory breach history, and puts forward his own views on the definition and especially on the types of anticipatory breach. The writer holds that Chinese present anticipatory system includes two types: one is repudiation before performance is due, and the other is disabling oneself from performing.Chapter two, three and four is the second part of this essay. Adopting the method of comparison as the initial researching approach, the writer makes comparison of regulations on anticipatory breach of Common Law countries, "United Nations Convention on Contracts for International Sale of Goods" (CISG) and "UNIDEROITPrinciples of International Commercial Contracts" (PICC). On the above-mentioned basis, the writer analyzes the theoretical basis of anticipatory breach, and puts forward "concept of contract benefits before performance". The writer holds that anticipatory breach rules are developed along with the process the extent protected by contract law is consistently enlarged, and insists that what anticipatory breach system protects is the contract benefits belonging to contract creditors and that the benefits are the legal interests of contract creditors. Besides, the writer analyzes different opinions for or against anticipatory breach. The writer holds that anticipatory breach rules are great contributions made by Common Law countries, and believes that there is an upholding point for anticipatory breach system from the perspectives of legal policy tendency, legal value and economical analysis.The last issue of this part is about Chinese present anticipatory breach rules. By analysis of the present legal system and comparison of relative theories, the writer believes that while being introduced to relative regulations of Common Law countries, Chinese present regulations on anticipatory breach and right of defense of the anxious have been changed to a necessary extent, and that both two issues are separate from each other under the present legal system, which means there is no contradiction between the above-mentioned two issues.Part two is the essence of this essay. The writer hopes that this essay can make clear the present research situation on anticipatory breach, and can promote future researching work.Chapter five is part three. In this part the writer summarizes and analyzes present researching situations, hoping to find some valuable approaches for future researching work. At the same time, the writer puts forward views on the focuses of future legislation. Due to knowledge limit, the writer only puts forward view on future legislation and dos not give suggestions on concrete systematic arrangements. For involving the amendment of "Contract Law" and relative civil law regulations, designing systems should be technically researched and analyzed.