Research On China’s Anticipatory Breach System From The Perspective Of CIGS

CISG is an important legal document that countries in the world must abide by when conducting international trade.The expected breach system in the convention is based on the anticipated breach system in the common law system and draws on civil law.The system’s provisions on the system of defenses of uneasiness have finally formed a complete anticipatory breach system applicable to international trade.CISG has an important impact in the international community,and the system of expected breach of contract is often cited.In contrast,China’s "Contract Law of the People’s Republic of China" also has relevant provisions on the system of anticipated breach of contract.Compared with its specific aspects,there are still things that can be improved.From the perspective of CISG,this article maps the deficiencies of the relevant systems in the Contract Law of the People’s Republic of China through case analysis and proposes relevant suggestions suitable for China’s specific judicial trial practice.This article is divided into four parts:The first part defines the historical origin and basic concepts of expected breach of contract and discusses CISG and China’s expected breach system..In the second part,from the perspective of CISG,this article selects two typical cases to analyze the legal relationship between the two types of expected breaches in CISG and their constituent elements.The third part,from the macro perspective,in the form of big data charts to visualize the litigation situation of China in recent years regarding expected breach of contract,and from the micro perspective,the perspective of CISG,The classic cases in China’s judicial practice analyze the problems existing in the expected breach system.The fourth part puts forward rationalized suggestions for the problems existing in China’s expected breach of contract system.