A Comparative Study Of Disturbed Right Of Defense And Anticipatory Breach Of Contract System

Unsafe right of defense is a system of modern contract law in the civil law. the first from the Roman law on the defense system, and developed with the contractual liability and risk-taking rules, modern restless defenses system originated in Germany, the contract legislation and practice in most countries play an important role. The set of the unsafe right of defense is to the interests of both sides of the balance the parties to the contract, embodied in a safe, fair and effective. The setting of such a system can be more effective use of resources, and social losses to a relatively lesser extent. Practice of the contract, anxiety defenses to maintain the goodwill of the contract to fulfill the legitimate rights and interests of the people, to encourage trading and to protect the safety of the transaction order.Anticipatory breach of contract in the common law on the performance of the contract system, and its induction is made by the case accumulation. Anticipatory breach of contract setting is to be able to resolve disputes in a timely manner to prevent further expansion of the loss, even this system to some extent, to encourage efficient breach. The United Nations Convention on Contracts for the International Sale of Goods learn from and absorb the expected default system, and continue to develop, classified as a fundamental breach of contract and fundamental breach the criteria of the expected default and remedies and common law compared strengths and weaknesses. Civil law countries, there is no complete system of anticipatory breach.Although unsafe right of defense and anticipatory breach of the principles of fairness, credibility and effectiveness, but their conditions of application, constitute the elements and relief measures also have a larger difference. Disturbed right of defense and anticipatory breach of contract is established in order to eliminate the bazard performance of the contract is completed prior to this period of time after the commencement of the contract to fulfill the legal system. China’s1999"Contract Law" in the basic framework of the civil law of succession at the same time, learn from and absorb the anticipatory breach of the common law system, China’s system are different from those of other countries. China’s legal construction of a short time, the two systems has not yet reached mastery, seamless effect.The paper is divided into four parts, unsafe right of defense system and is expected to breach the system itself is starting, and discusses the respective source of legislation, a comprehensive comparison of two systems, analyze the flaws in our system, in perfect contract law in China regime.In party1, introduce basic overview about the unsafe right of defense, first of all a more detailed introduction to the concepts and features of the disturbed right of defense, and then compare the provisions of unstable defense system in other civil law countries, analyze their pros and cons of trying to find my own shortcoming sand disturbed by the nature and effect of the right of defense to conduct a comprehensive analysis.Section II is the introduction of anticipatory breach of the common law system. First reviewed the anticipatory breach of the origin, as well as system development, then the difference between the actual breach of anticipatory breach of the intent of the system settings. This section, the second part describes the classification of non-compliance is expected, elements and their respective remedies. Anticipatory breach of contract is divided into express and implied anticipatory breach of two categories, some classification described refuses to perform as expected and anticipated unable to perform.Section III provides a comparative analysis between the disturbed right of defense systems and Anticipatory Breach. First the similarities between the two system. followed by comparative analysis of unstable defense and express anticipatory breach of contract, and the last is unstable defense and the implied expected default analysis.Section IV first to the existing provisions of the disturbed right of defense and anticipatory breach of contract system in China’s contract law. analysis of existing laws in a reasonable and inadequacies. Based on contract law in China, and explore the institutional framework of China’s uneasy right of defense; at the same time the introduction of anticipatory breach of the common law system in China has caused confusion on the law applicable to a certain extent. Finally, suggestions for improvement of China’s uneasy right of defense and anticipatory breach of contract Svstem.