Research On The Anticipatory Breach System

The anticipatory breach, important part of the Common Law system. It is the legislative system for avoiding the risk which happens in the contract's performance from the contract becoming effective to beginning to perform. Previously there were kinds of debates on this system. Generally speaking, there are differences in the system, it maybe the express anticipatory breach, or the implied anticipatory breach.The express anticipatory breach is composed by the ultimate breach for the base of it and the impersonal principle which contains subjective factors of refusing to perform. "United Nation Convention on contracts for the international Sale of Goods (1980)" has his own system. In this convention, anticipatory breach is composed by the ultimate anticipatory breach and the general anticipatory breach. It is the apotheosis that the Civil Law system accepts the Europe contract law principle of the anticipatory breach's value. Comparing to the Counter argument Right for Security, the anticipatory breach will be suit to the economic interchange, because it has the advantages of the Common Law system and the Civil Law system, and the influence is so great in the area of international contract law.There are the Counterargument Right for Security and the anticipatory breach in "The Contract Law of the People's Republic of China", the anticipatory breach in our law accepts the way of the principle separator from the Europe contract law on the legislation system. It adopts the conservative attitude to the implied anticipatory breach. It stipulates that the principal part is the former in performance in the bilateral contract, though it extends the applicability term and the legal right to terminate contracts. But the attitude is so radical to the express anticipatory breach, there is no any regulation on the ultimate breach' key elements, and it is a leak in law.This article proposes that the anticipatory breach should be accepted thoroughly in our contract law, and the ultimate breach' key elements should be regulated, which on the base of the original legislation system.