Study On Anticipatory Breach

Anticipatory breach, one of the important rules of the modern contract law, was first developed by English court. With several hundreds years' development, it is very perfect now, and has influence on a lot of legislations of different countries and even the making of some conventions. This regulation follows the values of fairness, of social and economic benefits and of security. It aims at balancing the interest of the concerned parties of the contract.There has been an experience of long time for China to pay attention to and research the System of anticipatory breach of contract, which was eventually incorporated into the Contract Law of the Peoples' Republic of China, which incorporation not only indicates a progress of conception on legislation but also have a great and active significance. But when adopting the system of anticipatory breach of contract under the Anglo-American Law System, the similar system of right of plea against potential breach under Civil Law System is also adopted in the Contract Law of the Peoples' Pvepublic of China. The coexistence of the two systems brought about a legislative defects on the stipulation of the system of anticipatory breach of contract, which defects causes difficulties in judicial practice.In this paper, the author looks into the anticipatory breach of contract in the common law and counterargument in the continental law. Comments are given on the stipulations on anticipatory breach of contract in the Contract Law. Analyzing some regulations in current contract law system concerning expecting violation, the worth and necessity is discussed. In order to put forward a proposal to strengthen the anticipatory breach of contract for the contract laws of our country to protect the rights of both parties and protect the business.