2009Journal of Jiangxi Normal UniversityRequires access

On the System of Antipatory Breach of Contract

Zhang Dai-shui

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Abstract

The system of antipatory breach of contract is an important component of breach systems in Law of Contract,stemming from the UK-US law,Law of Contracr in China absorbs and profits from this syetem.This article from stipulates about the current law of antipatory breach of contract,focuses on the origin and the development of antipatory breach of contract,compares the related systems in Law of Contract such as the refusal of fulfilment,right to defense of simultaneous performance,unsafe right of defense,etc.,briefly elaborates the success and failure of antipatory breach of contract in China's Law of Contract,the antipatory breach of contract is helpful for the legislation and judicial practice in China.

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What this paper is about

The system of antipatory breach of contract is an important component of breach systems in Law of Contract,stemming from the UK-US law,Law of Contracr in China absorbs and profits from this syetem.This article from stipulates about the current law of antipatory breach of contract,focuses on the origin and the development of antipatory breach of contract,compares the related systems in Law of Contract such as the refusal of fulfilment,right to defense of simultaneous performance,unsafe right of defense,etc.,briefly elaborates the success and failure of antipatory breach of contract in China's Law of Contract,the antipatory breach of contract is helpful for the legislation and judicial practice in China.

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Available abstract

The system of antipatory breach of contract is an important component of breach systems in Law of Contract,stemming from the UK-US law,Law of Contracr in China absorbs and profits from this syetem.This article from stipulates about the current law of antipatory breach of contract,focuses on the origin and the development of antipatory breach of contract,compares the related systems in Law of Contract such as the refusal of fulfilment,right to defense of simultaneous performance,unsafe right of defense,etc.,briefly elaborates the success and failure of antipatory breach of contract in China's Law of Contract,the antipatory breach of contract is helpful for the legislation and judicial practice in China.

Key concepts: Breach of contract, Exclusion clause, Severability, Law, Privity of contract, Frustration of purpose, China, Business

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