The Common Law Relevant Regulations References On Our Country Anticipatory Breach System

Anticipatory breach system originated from the common law, and it was established by British case, Hoechester v. De La Tour. And then, America UCC,CISG and PICC(1994) accept it. This system is used widely in international trades. Our country announced the Contract Law of People's Republic of China in 1999, and it also contains this system. But compared with foreign advanced legislation, our country's legal provisions on this item are too humble, lack of system and it does not facilitate the judicial practice. So this paper introduces anticipatory breach system of British,America,CISG and PICC(1994), analyzes their references on our country anticipatory breach, and proposes a viewpoint that sets up a scientific reasonable anticipatory breach system in our country.The paper contains three parts. First part is the summary of anticipatory breach system. First part divides four paragraphs, definition,origin and development,the establishment of necessity and significance,the analysis about anticipatory breach system and actual breach of contract and the analysis about anticipatory breach system and uneasy pleading right system. The part analyzes the anticipatory breach system, distinguishes it from actual breach of contract and uneasy pleading right system, and at the end explains the necessity of the establishment of this system in our country, although it sporadic exists already.The second part and third part are the paper's centre contents. The second part is the analysis of the anticipatory breach system about the common law and the private international law. It mainly introduces the contents of British,America,CISG,PICC(2004) about anticipatory breach system. And it focuses on the introduction of classifications,judgment standards and remedy methods. Through the vivid analysis, it hopes to find their distinctions and similars, and then it can lay the foundation for the third part, the common law relevant regulations references on our country anticipatory breach system. The third part is the common law relevant regulations references on our country anticipatory breach system. This part is the paper's emphasis and innovation. It includes four parts. First of all, it introduces main outlook of our anticipatory breach, and demonstrates the shortages. Then the following three parts mainly contain the references from the common law in classifications, judgment standards and remedy methods, and the final conclusion, which is that it hopes to form a reasonable system of our country's anticipatory breach, through studying the Common Law,CISG,PICC(2004) and learning advanced legislative experiences. The paper demonstrates that the reasonable system of our country's anticipatory breach should contain scientific definition, scientific classification, and scientific limitation about implied anticipatory breach judgment standard, and the reasonable clear provisions about anticipatory breach especially implied anticipatory breach remedy methods. And it should be formulated in a professional section.