Anticipatory breach of contract is to resolve the danger on the contract before the due date for performace, to perform ,or his disabling himself from being able then to perform .The rule'building improved the rule of breach of contract,can maximum limit reduce the social resources the waste and gives the non-violation side by the prompt relief. The anticipated violation rule is helpful to the creditor takes the countermeasure as soon as possible, reduces the loss positively and may cause litigant both sides in the congruent relationship which must die from the determination to extricate promptly, is advantageous pasts in the reality economy.But, at present"Law of contract"of our country and correlation judicial interpretation to anticipated violation stipulation, but also insufficiently is concrete and is perfect, in view of in reality economic life complex diverse economic phenomena, but also has the necessity to perform the refinement and the supplement.This article has carried on the thorough analysis on the anticipated violation rule correlation theories question, and unifies our country present some viewpoints to put forward some proposals to the related legislation. |