Research On The Improvement Of The Anticipatory Breach System In Our Contract Law

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.Our Contract Law absorbed the uneasy right of defense system of continental law system and draw lessons from the anticipatory breach system of Anglo-American law, which belongs to a big improvement on the legislation in our country, making up the blank of legislation of contract law in our country. But specific rules and regulations on the construction of system still have a lot of problems, such as the overlapping and conflicts in the process of application of two systems.Based on the rationality of the anticipatory breach system itself as well as in the contract is terminated legal popularization, and in view of the existing academic theory achievement, the author thinks that it is necessary to explore further research. First of all, the disturbed defense right system is on the basis of comparison, Through practice case studies, introduce the legal status of the system of anticipatory breach, and analyzes the imperfections in anticipatory breach system of our contract law, analysis the difference between the anticipatory breach of contract and the unsafe right of defense system, including the scope of application, legal reasons, judgment standard and the interests of the parties’arrangement etc.Therefore, the thesis put forward suggestions from the following aspects:firstly, we shall define the concept and constitutive requirements of anticipatory breach clearly, clear rules of anticipatory breach relief means are needed and an accurate regulation expected default time limit is necessary; give the breaching party laws related to the anticipatory breach of the right to withdraw. Secondly, the system of anticipatory breach of contract are expected to be integrated and unified.Thirdly, make clear the scope of the system of anticipatory breach of contract, expand the scope of the unsafe right of defense appropriately, which is putting the unsafe right of defense into the system of anticipatory breach of contract.Last but not the least, the thesis reconstructed the anticipatory breach of contract system with the methods for comparative case study, and then detailed analysis the different effects in judicial application in detail, aiming to be able to play its due role in judicial practice.