The Contract To Fulfill The Preparation Period Of Default System

According to the principle of acceptability in Contract Law, contract parties can ether assume to perform the contract immediately or to assume a different time for performance comparing to the time of concluding the contract. It will cause an independent preparing time in the second situation. During this period of time, if one part side has a behavior of meaning to not to perform the contract, there will be a necessity to protect the other side. In cause of its particularity, most of the countries choose special legal system to solve this problem in place of including it in the system of breach of contract. In concretely, the Anglo-American Law has the anticipatory breach of contract, the Continental Legal System has the system of refusing of performance and the right to defense, and the most important international common divisor pact also have their own legal system to solve this problem.Systems above stipulate the behavior of breach of attach obligation which happened in the time of preparing. For this reason, those systems can be concluded in the concept of "the system of breach of contract in preparing time". In this article, a comparing of this regulation and theories will be implied to research this legal system. Finally, an improvement will be brought forward to solve the problem existing in the Contract Law.There are reviewing and comparing of regulations of system of breach of contract in preparing time during foreign counties' regulations. According to the comparison, we can see that the anticipatory breach of contract regulated in USA can be a representation of whole anticipatory breach of contract. And in the continental legal system, the system of refuse to perform which is made base on the theory of positive invasion of creditors' right is the same as regulation of anticipatory refusing performance. Father more, after amendment, the right of defense of anxious which has been regulated in GBG has almost become the same as the regulation of anticipatory incapable of perform. However, difference exists between two of them. Among these differences, the most important one is that they have different principal parts, and the former one has a far more stricture range of principal part than latter one. If the range of principal part of the right of defense of anxious is expanded, there will be a likeness between those two regulations.The analysis of theory about the system of breach of contract in preparing time is been carried out in the second part of the article. There is a logic rank in the part four. In this part, these conclusions have been made. First of all, the system of breach of contract in preparing time is stipulated to redress benefit which caused by collateral obligation. Plus the conclusion that the benefit has gradually becoming mainly content of legal value system, we can see that the mainly value pursuing of system of breach of contract in preparing time are benefit and justice. Secondly, as a special redress for breach of contract, its measure can' t include practice implementation. According to its value pursuing and redress implementation, it is possible to analyze its function by using the measure of economic analysis. Finally, a conclusion is made that according to the different extent integration of massage, there are different function of this legal system.The question that whether the system of anticipatory broach of contract shall be imported or not is been solved in the last part of the thesis, and an amendment to this system is brought forward as well. In cause of the likeness between the breach of contract in preparing time in Anglo-American Law and Continental Legal System, after expanding the range of principal part of unsafe right of defense, these two systems have a consistency. So, it is possible to absorb the anticipatory of breach of contract into the system of refusing of performance by explain the law. The system in our Contract Law can not reach its function which supposed be, so it' s necessary to have an amendment. It can modify the legal system and reach its function which should be by expanding the range of principal part of the unsafe right of defense. Although this amendment violates the basic confine of the concept of unsafe right of defense, it is to amend the inborn limitation of the system of right of defense.