Comparative Study Of Uneasy Defense Power And Anticipatory Breach Of Contract

Anticipatory breach of contract derives from common law system. It is a special concept developed from case law . In continent law system,there is not concept anticipatory breach of contract .It only defines the concept of uneasy defense power ,which have the similar meanings with anticipatory breach of contract .Though both of them are the same on the principles,such as equity,reputation,performance, they are different in charactes,compenents,reliefsand applying conditions.Doctrines of Anticipatory breach of contract and uneasy defense power belong to two different legal systems. Although they have many similarities in function , the differences are obvious. Contract law of People's Republic of China combines these two doctrines to make them learn from each other. Due to the dissimilarities in doctrine setting of two main legal systems, several problems have emerged in the application of these two doctrines, which needs to be improved.The thesis is divided into four chapters. Chapter One focuses on uneasy defense power system, mainly including its origin,theoretical foundation,applicable condition and legal effect. Chapter Two focuses on doctrines of Anticipatory breach of contract, mainly including its origin,theoretical foundation,applicable condition and legal effect. Chapter Three focuses on the connections and dissimilarities between doctrines of Anticipatory breach of contract and uneasy defense power .Chapter Four expounds the current situations of doctrines of Anticipatory breach of contract and uneasy defense power in Contract Law and how to improve them, analyzes the strong and weak points of our Contract Law and gives some suggestions on how to improve these two systems.Our contract combined the two concepts,ruled two systems of anticipatory breach and uneasy defense power in the meantime in a law ,caused law is up against difficulty in the fulfillment,explain,implement.Wanting to make two kinds of systems exertive should have of function ,have to pass lawmaking or judicatory to explain to revise with perfect.《Contract law》Shall be our country fundamental law ,which should not verify frequently ,for alleviate to practice a demand ,at present the measure of expediency should ask for help lawmaking explain or judicatory explain to integration ,moderate .Have a foothold in reduce cntract to implement this basic purpose of the whole risks ,explain a contract method definitely the 68^th provision of lose or may lose four kinds of situations of implementing the obligation ability should Be judge impilitly to show anticipatory Breach of objective standard .whem the impilitly shows anticipatory Breach amd uneasy defense power occurrence heavy match ,limit the option of the party concerned,ecpect to break contract further and definitely of apply condition and succour measure ,lower aline to set ajar to refute power to offer as proof a diffiiculty .while keeping the inherent logic among the legal concepts and maintaining the strictness of the legal structure ,we shall forbid applying different reliefs when encountering the same situation.