Anticipatory Breach A Comparison Of The Right Of Defense System And Anxiety

Doctrines of Anticipatory breach of contract and uneasy counterplea right belong to two different legal systems, although they have many similarities in function, differences can be obviously detected. Contract law of People's Republic of China combines these two doctrines for the first time, and establishes doctrine with Chinese characteristics, which has turned out to be relatively improved compared with relevant doctrines of the world. Due to the dissimilarities in doctrine setting of two main legal systems, several problems have emerged in the application of these two doctrines, which need to be improved.The first part of this paper expatiates on component parts and legal consequences of two kinds of anticipatory breach of contract doctrine, pointing out their dissimilarities. Whereas both international conventions and general rules adopt doctrine of anticipatory breach of contract, part two carries out a comparative study on anticipatory breach of contract doctrine adopted by international conventions and general rules and common law legal system as well. A review of uneasy counterplea right doctrine of traditional continental legal system is set forth in part three. Part four of this paper compares doctrines of uneasy counterplea right and anticipatory breach of contract on account of their similarities. The last part, which is the key point of this essay, discusses relevant rules of China's Contract Law, emphasizes problems of legislation, and brings forward assumption for problems in the application of two doctrines.