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On Anticipatory Breach

Author: GuanYuanZuo
Tutor: SunJiLu
School: Foreign Service Institute
Course: International Law
Keywords: anticipatory breach anticipatory non-performance the plea of deterioration of property
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 222
Quote: 0
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Abstract


Originating from Anglo-American law, anticipatory breach has been adopted by treaties, conventions and the continental law system. Anticipatory breach in British and American law is different, although it is called as“Anglo-American law’s anticipatory breach”. In British law, anticipatory breach can be divided into renunciation and impossibility. And then, as to American law, according to American Uniform Commercial Code and Restatement (Second) of the Law of Contracts, anticipatory breach can be concluded into clear non-performance and unclear non-performance.Chinese contract law stipulates anticipatory breach and the plea of deterioration of property as well. Although the anticipatory breach of Anglo-American law and the plea of deterioration of property of the continental law have some similarities, the stipulations of Chinese contract law do not overlap because they are distinguished with Anglo-American law and the continental law. Meanwhile, taking into consideration the imperfect of our anticipatory breach, we should establish the overall anticipatory breach system in future legislation; thereby make it fulfill the value.

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