The Contract To Fulfill The Defenses System

The Contract Law of People's Republic of China which came into effect on October 1, 1999, is the first uniform contract law in China. Its publication means the end of the Economic Contract Law. The Foreign Economic Contract Law and the Technological Contract Law, Recently there is a saying between the academic and the practitioner that for the first time the system of right to defense of simultaneous performance (Article 67) is established in the Contract Law, which thus is full of modern atmosphere, The new law not only succeeds the system of right to defense of simultaneous performance (article 66) and right to defense of uncertain performance (article 68 69) in accordance with the Continental Law but also sets up the system of right to defense of advance follow-up performance. Meanwhile it is said that the system of "anticipatory breach of contract" in Anglo-American Law is introduced into the contract law of China.This is an article about the system of right to defense of bilateral contract performance.This text constitutes from five parts: Foreword, three chapters, conclusions.The contents of foreword is mainly about the purpose and the background which composes the articleChapter 1 constitutes from two sections, it commences from the traditional system of right to defense in performance of contract concept , introducing the concept of right to defense of simultaneous performance and right to defense of uncertain performance and constituting important item, law result of them respectively.Chapter 2 constitutes from three sections, section 1 mainly analyzed the legislation present condition of contract law in our country ,and it Considers there are two characteristics in our contract law: the first is "The independence of the right to defense of simultaneous performance"; and the second is "In the meantime existing of right to defense of uncertain performance and anticipatory breach of contract"...