Anticipatory Breach Of Institutional Research

Anticipatory breach of contract system originated in England in 1853 the prejudication of Hcohster v. De La Tour, and in the subsequent development of a series of prejudication. However, anticipatory breach of contract accompanied by the development of this system have never stopped on the controversy, in the commodity economy extremely active in modern society, is expected to breach its "economic efficiency" and is widely recognized and written into the Anglo-American statute law and international conventions.My contract legislation law of anticipatory breach of contract system and draw on a long-standing concern. Enacted in 1999, "Contract Law" was finally established a system of anticipatory breach of contract, this is not only the idea on the progress of legislation, but also has enormous positive practical significance. But the legislators at the introduction of Anglo-American legal systems of anticipatory breach of contract system, and wants to retain their similar to the system of the right of anxiety answered will be two systems of mutual grafting, co-exist in a contract law, which resulted in the expected Breach of the provisions on the existence of legislation can not conceal defects, which gave the judicial practice of the legislative shortcomings brought up the difficult operation.I tried the system is expected to anticipatory breach the origin of elements and Legal Remedy way to start, etc., to explore the system of our country set up the need for anticipatory breach of contract and breach of contract through the analysis system is expected to defend the right of anxiety answered, combined with the practice of contract law in China and analyzes the anticipatory breach of contract causes of defects in the system of legislation and performance of our country set up a sound system of anticipatory breach of contract, the system is disturbed by the right of anxiety answered to adjust the target to introduce a legislative proposal.In this paper, the use of writing a comparative study of methods, methods of historical analysis of research on anticipatory breach of contract system and the disturbed the right of anxiety answered system. Speaking in front of the main chapters of the system is expected to breach the basic theory, in which different points of view for analysis and to draw their own conclusions; article at the back part of the anticipatory breach of contract damages in the expectations of the benefits analysis to determine come to a set of methods of calculation of damages would like to be helpful to determine; in the last article, the author of legislation our country made a number of proposals will be disturbed through the analysis of anticipatory breach of contract defense system and the law was amended and deletion, so that in the application of the two systems to avoid conflicts, to facilitate understanding of the parties, the contract for improving our country contribute to a legal system.