A Study On The System Of Anticipatory Breach

Anticipatory Breach System means the breach system for a period from the contract establishment to the expiry of the performance term. This article sets out from a practical case and solicits the deep thinking of the anticipatory breach system in our country.Contract Law of our country absorbs both the Unsafe right of Defense under the civil law system and Anticipatory Breach system under the common law system. The coexistence of these two systems causes the overlap over and conflict in a same legal issue in the legal system setting, which makes us puzzled in fully understanding the anticipatory breach.Anticipatory Breach originated from the case law of United Kingdom. With the development of the case law, it was gradually accepted by English-American law family. Although there is no independent Anticipatory Breach concept under civil law system, many alternative solutions were established under its contract law. From the perspective of international legislation, the remedies for the Anticipatory Breaches under these two law systems are now interactively influencing and integrating with each other. Anticipatory Breach, as an independent status, has been acceptable to the international society.Based on the research on the value of Anticipatory Breach, with the comparative approach, this article, aiming at the limitation of the contract law of our country, expresses the opinion that the Unsafe right of Defense should be adopted into Anticipatory Breach system and makes a series of proposals to perfect the Anticipatory Breach system of our country.