The Contract And Look Forward To The Protection Of The Right

The relation of long-term contracts shows a dynamic process from beginning to the end, and expectant state increases dealing risk objectively. Contract law should not regard contract relation as a static result any longer, and only give a second-relief against the breach, but take it as a developing process by protecting party's right during expectant state-contract expectant rightContract expectant right is a self-existent and integrated civil right, belonging to creditor's right in character. Contract expectant right means the right that long-term contract's creditor expects the creditee to perform the contract during the performance time limit and gain contract benefit, after a contract effectively institutes and before performance time limit. It's different from contract vested right and distinct from expecting rignt.The violation against contract expectant right can be divided into anticipatory repudiation and prospective inability to perform, both of which constitute anticipatory breach. The system to protect contract expectant right should be designed according to the two aspects.The system of contract expectant right protection 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.Critically absorbing the successful experience of the two legal systems, the contract law of our country establishes the legal institution of anticipatory breach and defence against discomfort to protect contract expectant right. But the structure is confusing and the provisions are too simple and need to be enriched in practice. Based on the analysis, the writer tried concluding some suggestions to construct a whole suit of legal system for protecting the contract expectant right.