On Anticipatory Breach

The thesis emphasises on the important constructive conditions and legal aid meansure of the system of anticipatory breach of contract, on rhe basis of explaining the basic connotation and analysing the system's legal value. And the thesis will put forward sugestions to improve system of anticipatory breach of contract in the light of its legal presentation.The system of anticipatory breach of contract has come into being since!853,first seen in the case of English employment contract dispute. Among written laws, Uniform Commercial Code of the United States is the most typical and complete. Later, Repeat of Contract Law (the second edition),American law society organized a lot of scholars, judges and layers to write, which made the system of anticipatory breach of contract only existing in the contract of sale by sample goods become an American contracts'universal principle. The characteristic of the system expresses in a way of failing to perform obligations in the future, which infringe on expective creditor's right, not actual one .The author raises unique opinion in view of anticipatory breach of contract's characteristics, thinking it should happen at or before the expiration. The system of anticipatory breach of contract shows different contents in Britain and the U.S., which is divided into express anticipatory renunciation and implied anticipatory renunciation, and American law develop on this base to divide anticipatory breach of contract into language, action and warranty failing to be offered. Otherwise, explaining connotation of the system relates to the division of Anglo-American genealogy of law and continental genealogy of law .China belongs to continental genealogy of law .The systems of continential genealogy of law are similar with the system of anticipatory breach of contract, that is renunciation and performing right of pleadings, as systems to prevent both parties'legitimate rights and interests at or before the expiration after the contract takes effect. Resounding with system of anticipatory breach of contract in Anglo-American genealogy of laws. They play an important role in continentalgenealogy of law. It's important for further expiation of system of anticipatory breach of contract to compare the two systems'connotations and characteristics.The system of anticipatory breach of contract relates closely to justice, benefit, security and value which today's laws pursue. Due actual breach of contract which is caused by the system is dangerous. If the system isn't adopted in laws, another party to a contract will be infringed. He can only cancel contract and require compensation at or after the expiration, which is not just for the creditor. The system's adopting makes observant party be relieved from origin contract and prevent conditions becoming worse, so loss can be greatly reduced. Accordingly, the money which he will claim from party of anticipatory breach of contract will be greatly reduced, too. Otherwise,on the condition of renuntion, observant party can cancel contract at or before the expiration, observant party can cancel contract at or before the expiration, require immediate compensation and make remedial contract in time, to get security. On the condition of failing to perform anticipatory breach of contract .One side can require the other one to offer full performance guarantee in time to get security.Anticipatory breach of contract is divided into anticipatory renunciation and anticipatory impossible to perform, so its important constructive conditions also contain two conditions. Renunciation is that one party must clearly and firmly express he will not perform essential obligations to another party .Anticipatory impossible to perform is that one party has reasonable excuse to foresee another party doesn't or cannot perform contract, and another party cannot offer full performance guarantee within reasonable deadline. Anticipatory breach of contract is different from actual breach of contract, so they are different in legal aid. On the condition of anticipatory renu...