Anticipatory Breach Of Contract System In China. Comparative Law Perspective

Anticipatory Breach, one of the important regulations of modern contract laws, which was derived from common law system, mainly includes Anticipatory Breach and Prospective Inability to Perform. As the rapid growing of international trade integration, CISG, which is based on the Anticipatory Breach theory of common law as well as the discomfort refutes theory of continent law system, has developed the Anticipatory Breach. CISG is playing an important role in protecting and promoting the world trade and economic development. Today, the Anticipatory Breach system has been transplanted to many countries, absorbed and developed in these countries.The Contract Law of China, which was carried out in 1999, adopts the concepts of both legal systems, but the content of Anticipatory Breach in Chinese Contract Law is quite different from that in common laws and CISG, therefore, some unavoidable contradictions and conflicts appeared in practice.This text begins with searching for root to trace to origins of Anticipatory Breach and includes three parts.The first part mainly introduces the basic theories of Anticipatory Breach system in common laws, commencing from the concept, classification and theoretical significance and passing to the establishment and development of Anticipatory Breach system.The second part introduces Article 71 and Article72 of CISG, compares them with related regulations in common laws .Then points out the development that CISG has brought to the Anticipatory Breach system.The last but the most important part focuses on analyzing the Anticipatory Breach system of Chinese contract, comparing to that of common law system and CISG. The last part points out the defects and insufficiency of Anticipatory Breach system of Chinese Contract Law and puts forward the author's own suggestions.