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On Anticipatory Breach of Contract

Author: DingChunLing
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Legal
Keywords: Anticipatory breach of contract Precarious Right to Defense Impossibility of performance Fulfill refused
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 298
Quote: 2
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Abstract


In the on contract legal relationship, one party defaults usually give each other detriment, therefore, provide a legal remedy for the damage to the party is one of the most basic purpose of the Contract Law. Traditional breach of contract theory only deal with a breach of contract after the fulfillment of the arrival of the problem, may suffer damage in the period before the arrival of the parties in the performance of the contract can not be effectively protected. Anticipatory breach of contract system of the Anglo-American legal systems of the parties in the performance of the contract may be subject to damage in the period before the arrival of the relief measures. Expected default angle from the reason for the fact that you can type into expected to fulfill refused and is expected to fulfill not. Expected to settle rejected means that the debtor expressly or by conduct will not fulfill its contractual obligations; fulfill before can not be expected to settle before the arrival of the performance period, the creditor has reasonable grounds to believe that the other party will not fulfill its contractual obligations. Creditors face two different situations can take different remedies. In case of occurrence is expected to fulfill the rejection, the creditor can be sued directly and request damages; not the case in the event is expected to fulfill, the creditor can ask the other party to provide reasonable protection of fulfillment. If the other party is not provided within a reasonable time, shall be deemed to fulfill the refuse, creditors can seek remedies expected to settle refused. Civil law and there is no concept of \Uneasy right of defense system and is expected to fulfill the rights are not a threat to the performance of the contract given to creditors in the debtor to take certain relief measures, in order to avoid creditors can not fulfill their obligations to treat payments. On both the design of the system has a lot of similarities. Refuse to pay and is expected to fulfill refused to require the debtor expressly refused to fulfill its contractual obligations, the creditor may take relief measures. Despite the scope of application of the two are not exactly the same, but a specific system is still a lot of similarities. Therefore, it can be said that the system function of the two legal systems are in fact the same. Most scholars believe that China's Contract Law 94, 2 and 108, the introduction of the the expected default system embodies, 68 and 69 is the transformation of the right of defense system of civil law uneasy. Only the provisions of the Contract Law in China is not perfect enough, not enough coordination between the unified provisions, there are still contradictions and overlap at. Therefore triggered scholars about the relevant provisions of the Contract Law is a dispute over what system and other related issues. I believe that the relevant provisions of the two legal systems play a corresponding function in their respective systems, despite the different specific requirements, but its goal is the same value. In addition to the introduction, is divided into six parts. The INTRODUCTION section describes the background of anticipatory breach of contract system and the civil law system. Anticipatory Breach of content from the first to the fourth part is to Anticipatory Breach of mainly deal with the problem and its play function, specifically including anticipatory breach of an overview of the system, components, anticipatory breach of the different types of remedies . The fifth part is one of the highlights of this article, by the Continental system and is expected to breach system contrast, pointed out that the relevant provisions of the two legal systems played a consistent feature. The sixth part of the relevant provisions of the Contract Law of China, pointed out that the basis of scholars argue, and eventually leads to the insights of this article.

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