Research On Legislation Perfection Of Expected Breach Of Contract In China

A breach of contract usually refers to the actual default,but if one of the parties in the contract period to former defaults are expected to default,the default correspond to actual default.The expected default rule is a system peculiar to Anglo-American law,which is absorbed by the legislation of many countries.As for the expected default system,the British law and the American law are relatively mature and relatively complete countries.The uniform commercial code of the United States,by comparison,is a notch above.The anticipatory breach system and our country in the United States there is a big difference between anticipatory breach system,from the point of view of breach relief way,for example,the "uniform commercial code" regulation price lawsuit system,the scope of liability for breach of contract damages,and the definition of liability for breach of contract from expected,and the legislation in our country,whether academic or on all involve little or even no.The contract law of our country does not stipulate the system of the expected default system,which leads to the confusion in the judicial practice.Expected default set up in order to avoid in the process of contract is the purpose of one party breach of promise in advance,reduce the waste of social resources in a timely manner to solve contract dispute,maintain the transaction security and efficiency,and provide legal remedies for the injured party.Injured party may,in accordance with law,to take measures to reduce losses as soon as possible,according to the different situation choose to terminate the contract and claim damages,at the same time also pay attention to reduce damage rules and contract foresees rules applicable in the anticipatory breach liability.In our country,the provisions on the expected default relief are too general,not specific and perfect,and there are obvious problems.There are problems such as imperfect methods of liability for breach of contract,conflict of expected default and uneasiness,and unreasonable remedy of default behavior.These problems cannot be very good to protect the rights and interests of the parties,the legislation and establish the meaning of anticipatory breach system,bring the judicial operation difficulties,and is bad for our country to the establishment of a complete market transaction order.This paper analyzes the remedy method of expected default,including the relevant provisions of British law and American law and the current situation of relevant provisions in China's contract law,and puts forward some perfect Suggestions.For example,the author suggested that absorption of revocation of the anticipatory breach system of Anglo-American law system countries for reference of the price of the system and the default party right relief way lawsuit system,the way in Anglo-American law system is relatively perfect,stipulated by the state for the judicial practice plays a good role in promoting,is beneficial to the expected default rules in China build.Therefore,the author of this article is mainly about the legislation of China's expected default system.Because,as the existing problems of the anticipatory breach system in our country have a general description,so the author ideas about perfecting the anticipatory breach has the following points:First,to solve the anticipatory breach and defense on the applicable law of conflict problems,this part is focus on the author's writing,through the study of this part of the analysis,to the law of the People's Republic of China contract law "article 68,article 69,article 108 and article 94 of the second section puts forward legislative Suggestions.Second,it is clear that the liability for breach of contract is assumed.This part of the author suggests that on the basis of the original assumption of liability,liquidated damages and deposits should also be taken as the means of liability for breach of contract.Third,it is reasonable to standardize the relief mode of expected default.This part,through the reference of extraterritorial experience,combined with the legislative situation of our country,put forward four Suggestions,which are not listed here,which will be elaborated in the text.This is about ideas of the author to write this article and the center point of view.