Study On The System Of Anticipatory Breach In CISG

Anticipatory breach is the traditional legal system of the common law system, which originated from the English case, the United States inherited the British system of anticipatory breach of contract,and further improved the system, and the "Convention on the International Sale of Goods" adopted in 1980(hereinafter referred to as "Convention ") also made the corresponding anticipatory breach of regulations. "Convention" is intended to eliminate differences in national laws and standardized it, it draws and absorbs common law anticipatory breach of contract and civil unrest of the relevant provisions of the right of defense, it is one of the advantages of each of the two systems synthesizer. Today, the "Convention" in anticipatory breach of contract is widely accepted and plays an irreplaceable role. In order to consistent with international standards, our country introduced anticipatory breach of contract and precarious right to defense, in order to regulate for anticipatory breach of contract and other acts, but some specific system design deficiencies, the need for further improvement.This article will take a combination of theory and jurisprudence method, make a interpretation of development of anticipatory breach of contract on the basis of in-depth analysis of its composition and characteristics of the system. Make a comparative analysis on two legal systems and "Convention" anticipatory breach of contract to explore its advantages and disadvantages, in order to improve the system of anticipatory breach and give some reasonable suggestions. The thesis is divided into five parts:The first part, outlines of Anticipatory Breach of ContractFirstly by introducing anticipatory breach of contract established history, summed up the concept of anticipatory breach of contract and characteristics. Make a specifically definition of anticipatory breach in the contract,which is one party made it clear that it will not fulfill its contractual obligations by words or actions or a party based on objective facts expect the other party will not perform the contract after the performance before the arrival of the establishment period. Then on this basis explore anticipatory breach of contract features and value.The second part, anticipatory breach system in "Convention"This section is intended to fully resolve the relevant provisions of “the Convention” in anticipatory breach of contract. From its classification, analyzes constitutive of subordinate anticipatory breach and fundamental breach of contract, then research the remedies through cases on this basis.The third part, the system of anticipatory breach of “the Convention” compared with the common law system of anticipatory breach of contractIn order to pave the way for future discussion, in this part will introduce anticipatory breach of contract in the common law, and compare with anticipatory breach of contract in "the Convention", especially through the system classification, the constituent elements and standards of judgment, the remedy in these areas, thus set forth the differences of provisions, in order to make a foundation to improve our systems.The forth part, the system of anticipatory breach of “the Convention” compared with the unsafe right of defense.Although unsafe right to defense and anticipatory breach of contract are two different systems, the civil law to deal with the anticipated breach behavior is worthy to learn, so this part will introduce the definition and elements of uneasy right of defense in brief to explore similarities and differences in the two systems.The fifth part, the influence of system of anticipatory breach "of the Convention" on our relevant systemSince the discussion of the two parts in front has made a foreshadowing, this section in terms of constitutive elements and the legal consequences of a contract in China’s "Contract Law" to start, compare with the relevant provisions of the "Convention" and analysis the shortage of anticipatory breach of "Contract Law", thus to make recommendations to improve the system of anticipatory breach of contract.