Typology Research On The Application Of The Implied Anticipatory Breach Of Contract System

In this paper,the connotation and extension of implied anticipatory breach of contract are clearly defined based on case studies,legislation and relevant judicial interpretation.Then,through a simple comparison with the application of the right of defense against uneasiness,the rationality of the system of anticipatory breach of contract stipulated in the contract law of China is obtained.Followed chapter 2 by involving implied anticipatory breach of the relevant case to sort,organize induce the main problems in the judicial judgment in implied anticipatory breach rule.It is concluded that the root cause of all kinds of problems in the judicial adjudication of implied anticipatory breach of contract is that different types of laws are not applied,therefore,it is necessary to generalize the application of implied anticipatory breach rules.In the following chapter,the author conducts a typological analysis of the specific application of implied anticipatory breach,thought the implied anticipatory breach can be divided into performance of refuse,lack of performance cannot,and the performance ability cannot provide three types,such as the performance guarantee is essentially a fails to perform highly determine the situations in the future period before remedies to creditors.Then,based on the systematic analysis of the legal remedies for implied anticipatory breach of contract according to the different types applicable to the implied anticipatory breach,the creditor can directly exercise the right to terminate the contract and require the debtor to bear the liabilities for breach such as actual performance and damage compensation,of course,the legal effect of early performance can only be applied in cases clearly stipulated by law or judicial interpretation.In the case that the expected performance cannot be performed,the basis for continuing to perform no longer exists,and the parties can only request the termination of the contract to claim compensation for losses.In view of the situation of insufficient capacity to perform the contract,the author believes that relevant provisions on the right of defense against uneasiness can be applied by analogy to give the parties the right to require the debtor to provide performance guarantee,and on this basis,the right of defense against uneasiness can be coordinated with the application of the law of expected breach of contract.In order to balance the interests of both parties,it is necessary to clarify the relief rights of the prospective breaching party for the purpose of facilitating transactionswhile safeguarding the pre-period relief measures of creditors.Finally suggested that our country should formulate independent implied anticipatory breach of the rules,establish and improve the performance of disability law applicable to the standard,so as to realize unassured pleadings institution and implied anticipatory breach from just inside the rules system,in the judicial practice should be prudent in the applicable rules of implied anticipatory breach,accurately apply the law basis,respect the right of the remedy of the parties,to achieve the goal of contract before the two sides of interests balance.