Studies Of Anticipatory Breach

The system of anticipatory breach of contract is an important system in moderncontract law, which is mainly divided into express anticipatory breach of contract andimplied anticipatory breach of contract system. Confronted with the21st century, the“new contract law” in our country is built on typical cases, theories and previouslegislative experience, in which the system of anticipatory breach is first regulated,expanding on the protection of rights and interests of the parties, reflecting the valueof the contract law. Theoretically, the system of anticipatory breach of contractembodies the principles of honesty and credibility, efficiency and justice. Therefore,the explicit analysis of the expected value of anticipatory breach of contract breach,the confirmation of the scientific form of the system of anticipatory breach, and theperfection of relief system, all of which are significant for appropriate application ofthe system. However, there still exist some shortcomings that are analyzed in thisthesis to improve the system of anticipatory breach of contract with effectivemeasures, making the thesis theoretically and practically significant.Firstly, a brief introduction to the definition, development as well as rationale isprepared for further reading. In the second part, emphasis is laid on the research of thesystem of anticipatory breach of contract in the US and UK. The following partpresents an introduction to the current situation of the system of anticipatory breach ofcontract in our country. Finally, correlated to previous statement, solutions are putforward in a couple of aspects: setting up a specially anticipated violationresponsibility system, specifying the constitutive requirements of the express and theimplied anticipatory breach of contract in order to avoid the conflict betweenanticipated violation systems, clarifying the legal relief way of anticipatory breach ofcontract and related legal consequence. Moreover, options to contract must be strictlygiven to the observant party who may require tendering guarantee by the oppositeparty, or who may terminate a contract.