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On Legal Conformity Of The Doctrine Of Anticipatory Breach Of Contract And Precarious Right To Defense

Posted on:2007-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y P XieFull Text:PDF
GTID:2166360185957417Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The doctrine of anticipatory breach of contract is an important regulation, originated from the common law system. The precarious right to defense is a special concept of the continental law system. As the traditional systems in the two genealogies of law, the doctrine of anticipatory breach of contract and the precarious right to defense have many differences, however, they communicate with each other in several aspects and they actually have an effect together in daily life and practice. The doctrine of anticipatory breach of contract and the precarious right to defense are conforming to each other day after day. The provides the regulation of the precarious right to defense on the one hand, and the doctrine of anticipatory breach of contract on the other hand. So the Contract Law of China has been practicing the conformity since beginning. Even if many experts had warm discussion about the model of providing both in one contract law at the same time at first, more and more experts are making great effort in researching the conformity and coordination between the regulation of the precarious right to defense and the doctrine of anticipatory breach of contract.The author launches the discussion on the conformity of the doctrine of anticipatory breach of contract and the precarious right to defense from three aspects. The chapter one discusses the"Necessity of the Legal Conformity of the Doctrine of Anticipatory Breach of Contract and Precarious Right to Defense". In this paragraph, the author compares the difference in the tradition,value and application scope of the doctrine of anticipatory breach of contract with the precarious right to defense, also, the author discusses the discord between them under the Contract Law of China, such as the contradiction of the application scope of the doctrine of anticipatory breach of contract and precarious right to defense . So the author makes a conclusion...
Keywords/Search Tags:Anticipatory
PDF Full Text Request
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