Anticipatory Breach System In CISG

Anticipatory breach system gives the promise-keeper a relief measure in advance when one party of the contract states before the time of performance that he will not perform or will not able to perform his responsibility after the contract being made. Anticipatory breach system originated in England and America states and recognized by most of the countries because of its superiority.There is still some controversy about the existence of this system,which will not block the development and improvement of this system.Especially with the trend of unification of international trade continues to strengthen,CISG was born.CISG plays an very important role in international trade as its influence and wide range of application.CISG is based on the common law and absorb the advantages of unstable counterargument right from continental law system. Finally CISG has formed its special anticipatory breach system.Nowadays,the system of anticipatory breach has been accepted by many countries including China. There are some defects in Contract Law on anticipatory breach system of our country, which lead to its weak application.In this paper,the author introduce the origin of anticipatory breach system,analysis this system in CISG,express the author's view on some controversy question and point out some places needing to improve in CISG. Finally,comparing to this system of CISG,the author make some suggestions on improving Contract Law.This paper includes four parts:The first part provides a overview of the origin of anticipatory breach, development pattern,legal consequence and theoretical basis.This part also introduces two main cases,classification and respective legal consequence of anticipatory breach system in common law.Besides,the theoretical basis of this system be stated and assessed.The second part introduces the content of this system in CISG.It sums up the fundamental elements and relief measures of both non-fundamental breach and fundamental breach,makes a brief discussion on installment contract.The third part discusses the application of this system on international trade.First of all,this part points out some misunderstanding and disputes on anticipatory breach in current academic field.Secondly,it analysis some question may appear in practical use in the form of cases and state my own view.The four part discusses anticipatory breach system in Contract Law.Comparing to this system of CISG,the author points out some exist problems,and on this basis, make some suggestions on improving Contract Law.