On Anticipatory Breach Of Contract

The theory of anticipatory breach of contract provides a better protection for the creditor by its ingenious design, so it is an important part in common law system. This article discusses the theory anticipatory breach of contract in common law from the comparative sight and at the same time, it also discusses the relative systems in international treaty and civil law in order to review the essence of anticipatory breach of contract from various sight of deep analysis and comparison. It also discusses the current items in the contract law of China upon it. In order to put forward a proposal to strengthen the anticipatory breach of contract for the contract laws of our country to protect the rights of both parties and protect the business.It can be concluded in the laws of some countries that the anticipatory breach of contract can be divided into two parts, express anticipatory breach of contract and implied anticipatory breach of contract. And they are different from constitutive condition and legal remedy. This article analysis and compares them deeply and concludes that it shall at least satisfied the following four elements so that it can be constructed as anticipatory breach of contract.a) The breach happens after the contract successfully be established and before the perform time of the contract.b) The breach party shall clearly and surely express the will of not perform the obligation concluded in the contract.c) The non-performance of the obligation of the contract expressed by the breach party has to be the main obligation of the contract.d) The breach of the breach party shall have no certain reason.And at the same time, the other party of the contract gets the remedy right of choosing accept or refuse the express anticipatory breach of contract from the other party. This choices will also bring himself different results. Compare with express...