Research On Compensation For Losses Of Anticipatory Breach

Anticipatory breach is a special form of liability for breach of contract, established in 1853 by the British case law, then in the United States and international conventions are adopted and gradually mature. Anticipatory breach as a unique system of common law, has been introduced by many countries with the development, China has also established it in 1999 through the "Contract Law". The introduction of the system usually requires exploration and improvement over a period of time to mature, the anticipatory breach system in our country as well. Anticipatory breach as a special form of default under the legal relief system, its feasible way of responsibility has been clearly defined only the compensation for losses, in China’s "Contract Law" Article 107. However, provisions for compensation is not very specific, the lack of this kind of legislation and uncertainty lead to the application of it has a lot of limitations in practice, the operation is not strong, on the amount of compensation for the losses of excessive is too dependent on the judge’s discretion.With the development of society and the change of people’s thought, many contracts in the field of private have been given a new meaning. Through a large number of judicial practice cases all over the word, whether common law or civil law countries, have begun to break through the traditional civil law theory to reconsideration on the field of contract law, such as providing default relief for non-property damage in the field of contract law etc., and this way also applies to the problem of anticipatory breach of compensation for losses. I believe that, anticipatory breach as a case of breach, its scope should be included among the non-pecuniary damage, and also have expected interest, reliance interest and the costs that to prevent the expansion losses. On the basis of determining the scope of the compensation for losses of anticipatory breach, refinement of its calculation standards and methods to make the provisions as clear as possible, establish certain standards to strengthen the regime for greater maneuverability in judicial practice. At the same time, in addition to determine the positive compensate for losses of the calculation standard should also be introduced to the withdrawal right system, used to compensate for the loss of negative effective relief. Of course, all the provisions should follow the basic principles and legal principles of anticipatory breach system. Through the analysis and refinement of the system of compensation loss in anticipatory breach, hope to be able to help the construction of the system of anticipatory breach and the settlement of specific problems in practice of our country.The first part presents an overview of compensation for losses of anticipatory breach. Mainly for compensation for losses of anticipatory breach in a systematic combing and a brief assessment, to lay a foundation for the discussion below. The second part is foreign law system analysis of compensation for losses of anticipatory breach, from the view of it’s history, specific national legislation and relevant international convention, trying to find out the lack of relevant legislation in our country and things we can learn from after listing and comparing. The third part is to analyze the current situation of compensation for losses of anticipatory breach in our country. First from the perspective of law, make a statement and analysis on the existing system of compensation for losses of anticipatory breach from two aspects of express and implied breach of contract. Secondly from the specific cases of judicial practice in our country, reflect on the existing provisions of the drawbacks and problems of the system through the analysis on judicial practice of standards and applicable. The fourth part is about the difficult problems faced by the compensation for losses of anticipatory breach. First of all, it is defined and discussed in the paper, which is difficult to determine the scope of compensation for losses of anticipatory breach, including the determination of expected interest and reliance interest, how to identify the expansion loss in anticipatory breach and thinking that breakthrough in the traditional civil law theory, discussion and analysis that non-pecuniary damages should be included in the scope of damages. Secondly to analyze on compensation for losses of anticipatory breach under the installment contract, and reflection to the joint-way ticket in passenger transport. The fifth part is about the calculation standard of compensation for losses of anticipatory breach. Including the subjective and objective calculation methods, calculation of lost opportunities and other specific applicable standards.