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Study on Anticipatory Breach

Author: YinJun
Tutor: LiXiaoHua
School: Nanchang University
Course: Civil and Commercial Law
Keywords: Of anticipatory breach Insecurity Pleadings Fulfill refused Impossibility of performance
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 59
Quote: 0
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Abstract


Period before the breach of contract \For the \In China, drawing on a breach of contract before the period of the \China Contract Law the attention of the Department of anticipatory breach of contract at common law system , and draw on a long history . \But legislators in the introduction of the Department of anticipatory breach of contract at common law system , but also to retain similar unrest right of defense of the civil law system , grafting the two systems to coexist in a contract law , which resulted in period the default system requirements before legislative defects , can not conceal the operational difficulties which legislative defect gave judicial practice . This paper compares the anticipatory breach of the common law , civil law uneasy right of defense and its legal system and discourse analysis , and the breach of the relevant provisions of China 's \explore the value and necessity of the theoretical basis of the system , in order to put forward constructive comments on the Perfection of a default before the mid - contract law system , better protection of the rights of the parties to protect the smooth progress of the transaction .

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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