Study On The Legal Problems Of Anticipatory Breach Of Contract System

Anticipatory breach system is a legal system of Anglo-American law system, which is set up to avoid a party after the establishment of the contract effective to perform before the expiration of the period, and a system of legal aid that does not perform its main obligations or fails to perform the contract.Anticipatory breach system in our country, absorbing the anticipatory breach system of Anglo-American law system and drawing lessons from the uneasy right of defense system of continental law system, belongs to a big improvement on the legislation in our country, making up the blank of legislation of contract law in our country. But due to the contract law in haste, the introduction of two systems at the same time, and no two better together, it caused the overlapping and conflicts in the process of application of law. Historical origin, concept and characteristics of the system of anticipatory breach of contract, and the disturbed defense right system is on the basis of comparison, the legal status of the system of anticipatory breach in China, analyzes its imperfections. China’s expected default system deficiencies, mainly reflected in:first, Contract Law article94, article108to set unreasonable, the lack of systematic and expression and inconsistent; second, the anticipatory breach system existence scope that is not clear, mutual and unsafe right of defense, contradictory conflict; third, the legal relief provisions are not reasonable. Aiming at these deficiencies, this paper in combination with the existing view based on the people, put forward suggestions and countermeasures suggestion from the following aspects:first, the system of anticipatory breach of contract laws related to be integrated and unified representation; second, the system of anticipatory breach of contract, clear and appropriate to expand the scope of the unsafe right of defense, the unsafe right of defense into the system of anticipatory breach of contract; third, using standardized, unified language express anticipatory breach of contract remedies; to express and implied two kinds of anticipatory breach of contract form, specified respectively in different ways; express anticipatory increase Party of anticipatory breach of contract right of withdrawal in breach of contract; define the scope of damages for breach of contract, damages are determined according to three different case.