Expected To Breach The System Study

Anticipatory breach of contract destroys the balance of the two parties' benefit. To protect the innocent party, the Anglo-American genealogy of law sets up a remedy system of anticipatory breach.In the remedy system of anticipatory breach, there are different measures to different situations. If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided. A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations.The remedy system of anticipatory breach is a new thing to China. The main purpose of this essay is to find out what is anticipatory breach of contract and the rights of the innocent party from studying continental genealogy of law, Anglo-American genealogy of law, international convention and international customs.This essay includes nine parts. The first, the second and the third part is on what is anticipatory breach of contract, the reasons why these acts happen and the resource of this remedy system. In the fourth part, the writer emphasizes on the elements, which make up anticipatory breach of contract. In the fifth part, the writer studies the remedies to anticipatory breach of contract. These measures include the declaration of the contract being avoided, the suspension of the performance of innocent party's obligations or/and the right to ask the other party for adequate assurance of his performance. In the seventh part the writer compares different remedy systems of different kinds of anticipatory breach of contract. In continental genealogy of law, the writer studies the renunciation of performance and the right to defense of apparent anticipatory breach of contract. In this part the writer finds there are many similarities except for differences. It seems that the continental genealogy of law has its own system to deal with anticipatory breach of contract.In the eighth part the writer tries to conclude the international developingtrend by studying the international convention and international customs. After studying the international trend, the writer comes back to the present legislation situation in China, puts forward some opinions to stipulations interrelated with anticipatory breach of contract. Many scholars think that Article 68 is on the right to defense of apparent anticipatory breach of contract which is similar to the stipulations of continental genealogy of law, Article 94(2), Article 108 are on anticipatory breach (renunciation and apparent anticipatory breach of contract) which is similar to the rules of Anglo-American genealogy of law. The writer doesn't agree with these opinions. On the contrary, the writer thinks that Article 68 and 69 are not similar to the continental genealogy of law but to the rules of Anglo-American genealogy of law .The writer also thinks that Article 94(2) is similar to continental genealogy of law.In the last part the writer finds some loopholes in Contract Law and gives some advices to develop them.