Comparative Research Of Unsafe Right Of Defense And Anticipatory Breach Of Contract Improvement

Unsafe right of defense is an important system of modern contract law in thecivil law countries，and it starts from German civil law， and has played an importantrole in other countries’ contract legislation and practice. This system fully reflects thelaw principle，such as efficiency， fairness and safety， and has balanced the party’srights and duties， and makes full use of the recourses to minimize the social loss.The exercise of the unsafe right of defense prevents the use of legitimate means ofcontract for fraud， and maintains the legitimate rights and interests of the party whoabided by the contract in good faith， and promotes circulation of commodities.Anticipatory breach of contract is unique in the common law system， and issummarized from legal precedents accumulation. United Nations International GoodsContract Convention absorbs the theory of anticipatory breach of the common law，and makes some development， and divides anticipatory breach of contract intofundamental breach and non-fundamental breach. Civil law is not an unified andcomplete anticipatory breach of contract. Although unsafe right of defense andanticipatory breach of contract is consistent in reflect the law principle of efficiency，fairness and safety，but there are also many differences in components，characters，and applying conditions.In party1, introduce basic overview about the unsafe right of defense, first of all amore 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 lawcountries, analyze their pros and cons of trying to find my own shortcomings anddisturbed by the nature and effect of the right of defense to conduct a comprehensiveanalysis.Section II is the introduction of anticipatory breach of the common law system.Firstreviewed the anticipatory breach of the origin, as well as system development, thenthe difference between the actual breaches of anticipatory breach of the intent ofsystem settings.Section III provides a comparative analysis between the disturbed right of defensesystems and Anticipatory Breach. First the similarities between the two system,followed by comparative analysis of unstable defense and express anticipatory breachof 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 andanticipatory breach of contract system in China’s contract law，and analysis of existinglaws in a reasonable and inadequacies. Based on contract law in China, and explorethe institutional framework of China’s uneasy right of defense; at the same time theintroduction of anticipatory breach of the common law system in China has causedconfusion on the law applicable to a certain extent. Finally, suggestions forimprovement of China’s uneasy right of defense and anticipatory breach of contractsystem.