Anticipatory Breach Of Institutional Research

This paper conducts a comparative study of the concepts and categories of anticipatory breach in common law jurisdiction, in continental law system, in Principles of International Commercial Contracts and the Convention of International Sale of Goods of the United Nation and in the Contract Law of China as well. The various definitions, categories and remedies of anticipatory breach system in different jurisdictions are well examined and compared. What's more, the inner variation of the anticipatory breach systems between the two major legal systems is also analyzed. The author agrees that the anticipatory breach system in common law style present the fairness and efficiency of contract law. The stipulations in the common law system are better than in the continental law system, and are advised for the adoption in Contract Law of China. The benefits of introduction of a complete system of anticipatory breach can protect the parties'lawful rights, enhance the safety of transactions, solve the disputes more quickly and reduce the waste of resources. So the author analyze the shortcomings of the current anticipatory breach system in the Contract Law of China, includes the singleness of the remedy, the contradictions with the application of provisions, and suggest it is necessary to cancel the chapter 4 in the current form of Contract Law of China, and to stipulate clearly the concept, constituencies and legal consequences of anticipatory breach. The relevant contents shall be integrated into a single chapter.