On Anticipatory Breach

Anticipatory breach is a breach of contract that one party of contract definitely make a clear declaration that he will not perform his contractual obligation before the performance period starts .either his behavior or the objective facts indicate bis intention. Anticipatory breach of contract is the important content of contract law in the Anglo law system. It is beneficial to balance the contract parties'interests, maintain transaction order and distribute the social resources effectively. The system fully embodies law of values such as justice ,efficiency, and security.This kind system is initially derived from Britain judicial precedent ,then popularizing gradually due to its enormous life-force. The Contract law , which was adopted in 1999,made good use of Anglo law for reference and absorbed the anticipatory system. On the other hand , precarious right to defense , which is initially derived from the Continental law, is similar to anticipatory breach in legislative purpose and law of values. As a result, it is also stipulated in Contract law of China. In this paper, the relevant circumstances about anticipatory breach in the Anglo law system and precarious right to defense in the Continental law system are introduced . Basing on that, the author made a comparison between them. Concerning the stipulations about two systems in Chinese Contract law, the author tried to analyze the conflict in application scope and put forward some suggestions in the improvement of anticipatory system in Contract law.The paper is divided into five parts except for the preface and conclusion: Part one is the jurisprudential foundation and value: studies about anticipatory breach system.. In this part, the author inspected the economic root that causes anticipatory breach to emerge, that was economical breach. Then the author analyzed law of values such as justice, efficiency, and security, which that system gives expression to.Part two is two classifying views about anticipatory breach system and the comparison between them.. Firstly, the author introduced two classifying standards : one view is it can be divided into express anticipatory breach and implicit anticipatory breach.. The other is it can be divided into anticipatory refusal of performance and anticipatory incapability of...