Contract Before The Remedy System

According to the common principle of the contract law, the contract should be protected by the law whether the time of performance is due. Before the date of performance is due, that is the course of bargaining and before the time of performance, there are two kinds of different relief systems of contract, namely, culpa in contrahendo and the anticipatory breach of contract. Because there are different understanding of the effect of contract, the scholars in China think the time that the party should assume the relative civil liability is different. The author make clear the relationship of culpa in contrahendo, the anticipatory breach of contract and the actual breach of contract, which will provide the theory fundament for the anticipatory breach of contract and perfect the legislation of the system of anticipatory breach.