On Anticipatory Breach Of Contract In The Cisg And Learn

Anticipatory breach of contract means a good example of the principle of good faith and fairness in contract law, appeals to the law for lessening the risks and losses of the contract, which plays an important role in supervising the performing of the parties, and lowering the damage, preventing fraud and protecting the plaintiff. The system of anticipatory breach of contract which originated from the two cases of the British emperor court was abided by other courts of the countries of the common law legal system. American Uniform Commercial Code and Restatement of Contracts turned those preceding case principles into legal provisions and further enriched related contents. As was accepted by all the signatory states, United Nations Convention on Contracts for the International Sale of Goods(CISG and so on) combined the system of uneasy pleadings with that of anticipatory breach of contract and absorbed both available components of those two systems and prior performance defense. It has been accepted by many countries including China. The Contract Law of the People's Republic of China (Chinese Contract Law and so on) formally accepts anticipatory breach, which is a milestone in China's civil legislature. However, the content about anticipatory breach of contract is not rich enough: Law provisions appear relaxing and out of order and law terms do not mean the same, which leads to difficulty in the cognizance and appliance of diminished expectation. In this article, the writer states his personal opinions on how to improve the system of anticipatory breach of contract in Chinese Contract Law by the way of legislation and administration of justice, and hope to bring help to the legislative explanations and the judicature in the coming day.This paper includes three parts.In the first part, it expounds the constructive conditions of the system of anticipatory breach in CISG. Beginning from its history, it grasps its developing route about anticipatory breach, gives a full analysis of its constructive conditions, and then compares them with those in English-American Law to judge its merits. In the second part, it expounds the legal remedy measures of anticipatory breach of contract in CISG which combines the system of uneasy pleadings with that of anticipatory breach of contract and absorbs available components of those two systems. The first two parts contain the legal remedy measures of essential anticipatory breach and unessential anticipatory breach. By comparing CISG with English-American Law, it states the difference between them.In the third part, it expounds the evolution of the system of anticipatory breach in China. It is just the conclusion and the most important part. It summarizes the unique characters by comparing Chinese Contract Law with English-American Law and CISG, and at the same time raises the shortcomings and their harm to the reality. In order to solve them, the author states some opinions on how to improve the system of anticipatory breach of contract in Chinese Contract Law by both the way of legislation and administration of justice.