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On The Judicial Application Of The System Of Anticipatory Breach Of Contract In China

Posted on:2020-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
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The system of pre-breach of contract is developed from countries of common law system,and it provides a guarantee for the loss that a party to a contract may suffer due to the other party's express or reasonable evidence that it fails to perform the contract obligation before the expiration of the contract period.The purpose is to achieve a balance of interests between the parties to the contract.But the civil law system has stipulated the similar function uneasy defense right.Although the two systems are the same in terms of the legal value of fairness and efficiency,they are quite different in terms of the constitutive elements and the distribution of the parties' interests.Article 94 and 108 of the current contract law of China stipulate anticipatory breach of contract,and article 68 and 69 stipulate the right of uneasy defense.Therefore,it is particularly important to identify these two systems in judicial practice.In this paper,the judicial application of China's anticipatory breach of contract system is studied through four chapters: the first part is the research background and significance of anticipatory breach of contract,pointing out the existing problems of anticipatory breach of contract system in China,as well as the relevant research on anticipatory breach of contract system in China at the present stage and the research method of this paper.The second part through a large number of case analysis,summary of China's judicial practice in the existence of controversial issues.The third part is based on the factors considered by judges in the trial of anticipatory breach of contract cases,combined with judicial practice cases to understand the identification of anticipatory breach of contract thinking,each component of anticipatory breach of contract have a certain understanding.The fourth part through the theory and the first half of the case analysis of the combination of the first chapter pointed out that there are problems in China's anticipatory breach of contract judicial application recommendations.Through the above discussion,the author systematically analyzes the identification of anticipatory breach of contract in China's judicial practice,clarifies the different ways and specific situations of anticipatory breach of contract,and makes China's anticipatory breach of contract system more perfect.
Keywords/Search Tags:Anticipatory breach of contract, Uneasy defense, Judicial application, Subjective malice, Capacity to perform
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