Research On Anticipatory Breach In The International Sale Of Goods

Anticipatory breach is an important legal system originated in the common law countries. Because of the unique legal and economic value in the market, it has been absorbed and applied for most countries of the world. As a traditional civil law nation, China has been absorbed anticipatory breach in the field of contract law. Anticipatory breach is relatively common in the international sale of goods, and its in-depth discussion and analysis is necessary.This paper has four chapters, the first chapter explains the concept and characteristics of anticipatory breach, introduces international sale of goods of their own characteristics. The purpose is to define anticipatory breach from a macro concept, a preliminary understanding of the expectations of default, in order to better grasp anticipatory breach in the international sale of goods.The second chapter describes composition of anticipatory breach in the international sale of goods. Development of anticipatory breach is not easy, it is the result of many years and gradually explore the formation of a number of countries. This chapter first describes the establishment of anticipatory breach of domestic law, mainly British and American, and gradually developed into "the United Nations Convention on Contracts for the International Sale of Goods" and the "Principles of International Commercial Contracts". Comparing these several legal documents is in order to digest them.The third chapter discusses the legal remedies of the anticipatory breach in the international sale of goods. All provisions of the law are to balance the interests of all parties. When the legitimate interests of the other party violated, the law must be given the right to reasonable claims of the injured party, that legal remedies provisions. This chapter describes when the behavior of anticipatory breach party caused observant interests losses, how observant get legal remedies. This chapter analysis the legal remedies of the anticipatory breach of domestic law, "the United Nations Convention on Contracts for the International Sale of Goods" and the "Principles of International Commercial Contracts" compares legal remedies of the anticipatory breach of the British case law, "Uniform Commercial Code" and "The United Nations Convention on the International Sale of Goods" from horizontal,summarizes the differences among them.The fourth chapter focuses on the legal status of China’s anticipatory breach in the international sale of goods, and makes a few recommendations to improve the provisions of the “Contract Law”. The purpose of this article is through comparative analysis of anticipatory breach provisions to provide for reference for China’s legislation. This chapter discusses the inadequate system of anticipatory breach of China, in order to improve the Chinese legal system, to better protect the legitimate rights and interests of the contracting parties, to progress the healthy and orderly development of international sale of goods, and to promote the rule of law society.