The Comparative Research Of Anticipatory Breach Legislation Both At Home And Abroad

Anticipatory breach of contract, which also called to expect default first, means that after the contract has been established and effectively before implemented methodology, one party explicitly indicates that he will not perform the contract, or he anticipates that the other party will not perform the contract depending on the existing facts. It is designed for the protection of the expectant right of the contract. Anticipatory breach of contract means a good example of the principle of good faith and fairness in contract law, appeals to the law for lessening the risks and losses of the contract. It originated in the British case law and was later stipulated by the Anglo-American Law, U.C.C, and United Nations Convention on Contracts for the International Sale of Goods and International Commercial Contracts. With hundreds of years' development, it becomes nearly perfect now. This concept is also introduced into the Contract Law of People's Republic of China issued and implemented in 1999. Form the point of improving anticipatory breach of contract in the contract law of our country, this paper conducts a comparative study of the concepts and categories of anticipatory breach in common law jurisdiction, in continental law system, in Principles of International Commercial Contracts, the United Nations Convention on International Sale of Goods and the Contract Law of China as well. The various definitions, categories and remedies of anticipatory breach system in different jurisdictions are well examined and compared.After comparison, the author easily finds that there are some defects in the system of anticipatory breach of China. For example, the structure of certain law articles is loose, the meaning of certain articles is vague, and the contents of certain articles are overlapping and conflict and so on. The author analyzes those defects above and put forward several view on the improvement of the system in hope of providing certain help in perfecting the system of the anticipatory breach of contract in China. Compared with the right of uneasy pleadings, anticipatory breach has a larger scale of use which can protect the benefit of the parties better. Therefore, the author suggests expurgating the right of uneasy pleadings in Contract Law of People's Republic of China and perfect anticipatory breach. Only in that way can it benefit the balance of both parties' profits and the realization of the trustworthiness principle in business.