Research Of Anticipatory Breach

Law of Anticipatory Breach of Contract has a very important position in Anglo-American legal system. It has been developing with profound influence since established in the year of 1853 in Britain. Even legislation of continental legal system consists of similar rules. With systematic rules and consistent development, related rules of Anticipatory Breach could be seen as an open system.Anticipatory Breach rules have two primary and fundamental principles: the principle of fairness and, the principle of honesty and creditability. Reasonable and efficient ways to realize the fundamental principles above have been being pursued by various kinds of Anticipatory Breach legislation,that is, in which way and to what extent both of the two parties could be protected well and fairly. Confines of abuse of rights and negotiation for consensus are two helpful ways, and the questions may in a sense be answered by The UN Convention on International Contract of Sale of Goods.Research on Anticipatory Breach rules comparison might concentrate on two major aspects. Legislative history of Anticipatory Breach under CISG, for one thing, and Anticipatory Breach respectively under CISG, U.C.C. and UNIDIROIT PRINCIPLES, for another thing. According to the comparison research, the importance of confining right abuse and negotiation are proved. Under CISG, confining right abuse primarily presented by grounds for judging Anticipatory Breach, while negotiation for consensus showed as the obligation to give reasonable notice for adequate assurance of performance. CISG does a great job on both of them.Due to the relationship between international law and national law, CISG plays an important role in China. Valuable components of Anticipatory Breach rules, with its own characteristic, should be introduced into China. Enough evidences contribute to conclude that Anticipatory Breach do exists in Chinese law, especially for China's Contract Law. It should be praised that China Contract Law did its effort intending to adjust Anticipatory Breach in a proper way. Nevertheless, serious problems within Anticipatory Breach under China's Contract Law should not be neglected.Objective grounds for judging Anticipatory Breach and obligation to give notice for performance assurance, both of the two elements emphasized by CISG are able to give inspirations for solving problems of disorder in Anticipatory Breach under China's Contract Law.