| The original intention of the system of anticipatory breach of contract is to protect the anticipatory interests of the non-defaulting party.When one party has the possibility of breach of contract before the expiration of the performance,the non-defaulting party can exercise the right of relief to safeguard his interests instead of waiting for the performance.Through the development and continuous improvement of the anticipatory breach system,international conventions and domestic laws of many countries have made specific provisions of it.In 1980,the United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as CISG)established a unique system of anticipatory breach of contract on the basis of the common law and the civil law.The Contract Law of the People’s Republic of China(hereafter called the contract law)passed in 1999 formally introduces the system of anticipatory breach of contract.The contract law has absorbed the relevant provisions of CISG and made some amendments in combination with the actual situation of our country,so it is inconsistent with the provisions of CISG.Civil Code of the People’s Republic of China(hereafter called Civil Code)has revised the provisions on the anticipatory breach of contract and the right of uneasy defense.The revision has an important impact,it clarifies the relationship between the right of uneasy defense and anticipatory breach of contract,and makes the code system more reasonable and clear.By comparing the provisions in the Civil Code and CISG,this paper hopes to explore the significance of the amendment of the relevant legal provisions in the Civil Code,and how to deal with the possible conflicts between the two in the the anticipatory breach system,and combining the advantages of the two to improve the anticipatory system,which is not only conducive to international standards,but also conducive to make the best use of the anticipatory breach of contract in the future. |
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