A Study On The System Of Anticipatory Breach

Anticipatory breach is one of the most important parts among the modern western contract laws. We can find the origin of it from the English contract prejudication, and with thousands years of evolution, the law is mature and perfect. Not only it have a great influence to the relative legislation of many countries, but play a great role in establishment of many international treaty. Nowadays, we can find it in Chinese new contract law. However, we noticed that the rules in it are too simple that we have to do more to make it better by collecting experiences in real practice. Basically, Chinese legal system belong to Romano-Germanic civil law tradition, but anticipatory breach is a typical English-American common tradition, so if we want to make full use of it and make it have a good impact, I think it is very necessary to talk about it and make some concrete advice for implanting it in china.This article makes some study about it origin of the system the basic of the theory, and compares it with some other law. The article also talks about the good and the bad of the system.The foreword makes an introduction about the systems' evolution and the study and situation of it in china and overseas. we review the anticipatory breach' s origin and basic theory and introduce it's practice in many other countries in order to outline a blueprint of the writer's interview about it. Moreover the writer also introduces the basic theory of it and analyzes the system and the necessity and rationality of it.In the second part,â… probe into the legal consequence and basic structure of the system in order to get a profound knowledge to the nature of the system, and to discriminate nicely different kind of the system from the complex real situation.In the third part,â… make a contrast between system of anticipatory breach and the precarious right to defense. From the contrast, I find something the same and different so that make us have a clear knowledge about the system.In the fourth part,â… analyses the system of anticipatory breach of Chinese contract law and point out the good thing and bad thing in it. And at last, I bring forward my interview and suggestions to make the system in Chinese contract law become powerful.