The Ponder Of Consummates Our Country Anticipatory Breach System

The anticipatory breach is the British and American law unique system, which develops by the legal precedent. It is refers the contract had been established effectively, before fulfills it, a litigant expressed definitely and explicitly, he will not fulfill the contract or a litigant foresee another litigant not to fulfill the contract according to his acts. The anticipatory breach system is playing assure contract rights, keep transaction order role, which is extremely important system in the law of contract. Regardless of the British and American law, "the United Nations Country Cargo Sale Contract Joint pledge", "the People's Republic of China Law of contract", had stipulated for the anticipatory breach system. Along with the world economics development, mixing the British and American legal system and the mainland legal system theory has become the legal regime development tendency. At present, our country has joined WTO, to strengthen big legal system especially in advanced legislation experience study and the research, not only the legal science fundamental research key point, also the urgent duty which the practice officer of the court faces.This article divides into five parts, introduce the concept of the anticipatory breach, characteristic, the anticipatory breach rationale and theory, the shape and the relief method of the British and American legal system, and our country anticipatory breach system, proposed the problem when we absorbs the British and American legal system anticipotary breach system and the mainland legal system, contradict the power system restlessly has not coordinated and inconsistent. Through "the British and American law" and "the United Nations International Cargo Sale Contract Joint pledge" we analyse and the compare the anticipatory breach system, pointed out our country's anticipatory breach system exist insufficiency, and put forward the feasible proposal to consummate our country anticipatory breach system.Through the comparison test to analyze our country anticipatory breach system have many deficiencies:The limits anticipatory breach are insufficiently accurate; relief method is insufficient consummate; the deadline stipulation is insufficiently accurate; had not stipulated the anticipatory breach withdraws power and so on questions.The reason of our country "Law of contract" that has the legislation flaw, lies in the legislation environment and the legislation idea. In order to consummate our country anticipatory breach system, must be clear about the concept of anticipatory breach,the method of relief,time,stipulate the right of withdraw. Suggested revises our country "Law of contract" to delete contradicts the power system restlessly by the anticipatory breach system substitute, integrates 94th second section and in the middle of 108th it, explicitly stipulated the clear instructions anticipatory breach and shows the anticipatory breach and the relief way silentlyThe anticipatory breach system involves the content is extremely widespread, this article selects the above contents to analyse, desire to discover some rules as well as the anticipatory breach system trend of development, in order to well understand the anticipatory breach system connotation, an further perfect and the civil trial practice work has a benefit to our country anticipatory breach system.