On The Period Of Default

Different law systems need to study from one another, especially to the moreperfect and professional legal systems, as a country from the Continental Law System,China is also eager to absorb some kind of transplantation just according to our realsocial situation. The system of Anticipatory Breach originated from the ancient Britishlaw, not within the continental law scope, but with the purpose of principles ofprotecting the interests of the parties of the contract, avoiding the waste of the socialresource, and the efficiency rule, China set up the rule Anticipatory Breach in theContract Law in the year 1999. Of course, where there is a transplantation, there willdefinitely some symptom of "uncomfortable" and "unwillingness".This article is beginning with the descriptions of the basic conceptions of this ruleand a real contract law case in China, combining the excellent qualities of theAnticipatory Breach and the true condition of China, and then got to the point thatChina really needs Anticipatory Breach. In the following paragraphs, the authorthought that the academic area should relate the anticipatory breach to thefundamental breach and also to the frustration of the contract.Any founding of a rule needs to connect the conception and the real practice, sothis article also discussed some of the theoretical issues of this rule to perfect thefoundation of it. Anticipatory Breach and Counterargument Right for Security are twosimilar systems, the comparison of them in this article is to make the two both make aperfection of themselves while not to strike each other. In the last two parts of thearticle, which is also considered the most essential ones, is existing problems and theaccording ways to settle the problems.The whole thesis has a tune of enriching and perfecting the Anticipatory BreachRule of Chinese Contract Law, so the author it could help when there will be somemodification of Chinese Contract Law.