A Comparative Study Of Anticipatory Breach Of CISG And PICC

The goal of anticipatory breach system is to protect the expected interests of the innocent party.When the party has a breach of contract before the expiration of the performance period,the innocent party can take measures immediately to safeguard their interests,rather than wait until the expiration of the performance period.The development of the anticipatory breach system has been going on for a long time,so international conventions and the domestic laws of various countries have made specific provisions in terms of it,for example United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as "CISG")and Principles of International Commercial Contracts(hereinafter referred to as "PICC"),which are important documents in the field of international commercial contracts.This paper chooses CISG and PICC as the comparative object.In Chapter One,the problems to be studied will be put forward.1.What are the criteria and types of anticipatory breach about CISG and PICC ? What is the difference? 2.What are the relief measures of them ? What is the difference? In Chapter Two,for the two major problems,through comparative study,it can be seen that the anticipatory breach is divided into two clauses for classification in CISG and PICC.However,the CISG has two criteria for the classification,namely the clarity criteria and the severity of the consequences.Therefore,according to the former,it can be divided into explicit anticipatory breach and implied anticipatory breach,and based on the latter,it can be divided into fundamental anticipatory breach and non-fundamental anticipatory breach;PICC adopts a standard of clarity,which is individed into explicit anticipatory breach and implied anticipatory breach.Regarding remedies,CISG does not expressly stipulate as the PICC,the innocent party that suspends the performance obligation can directly terminate the contract,if the defaulting party has anticipatory breach and does not provide enough guarantee.On this point,CISG needs to add the transitional clause between Articles 71 and 72.The CISG expressly stipulates that a party must issue a reasonable notice in the case of a time permit before the contract is avoided,but the PICC has no restrictions on the right to terminate the contract.In Chapter Three,there are some shortcomings of current anticipatory breach of contract rules in second draft of the Civil Code.For example,there is no clear classification of type for anticipatory breach,and there is no restrictive provision for termination right.The author will make use of the results of comparative research to improve the relevant systems in China.We should learn from CISG and PICC's practice of classifying anticipatory breach,and avoid the ambiguity and cross-cutting problems caused by CISG using two standards to classify types.We need to adopt the single standard of PICC that whether the behavior of the defaulting party is clear enough to classify the types.For relief measures,we can set up appropriate remedies for breach of contract according to different types of anticipatory breach like CISG and PICC.However,the conditions of implied anticipatory breach should be clearly specified,and the notification obligation of CISG can also be used to limit the avoided right.