The Study Of Improving China’s Anticipatory Breach

According to traditional theory of the contract, the contract is an agreement of basic civic rights and obligations. Of course, the general provisions of the contract for a fixed term, to fulfill their obligations within the scope of duration. Compliance within the specified range, without any penalty. However, due to various reasons one may explicitly said to each other before the performance obligations under deadline, will not fulfill the contract, the parties apparently interests are threatened. The need to protect the legal interests of the interest in loss remedy, it was granted the right to damage the interests of the parties against loss, in order to protect their own interests are not lost. By default, through certain predictable remedies to prevent a party interests are not hurt. By default the system is expected to improve, can improve the corresponding interests are to avoid loss remedies.On the status of foreign anticipatory breach of contract research, a clear system of anticipatory breach Elements in China is expected to default. With reference to the expected default remedies abroad, improve our anticipatory breach of the relief system. Provide theoretical support for modifying the system of anticipatory breach of the relevant laws.