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International Journal of Frontiers in Sociology, 2022, 4(1); doi: 10.25236/IJFS.2022.040108.

Analysis of Anticipatory Breach and Unsafe Right of Defense

Author(s)

Gao Yanan

Corresponding Author:
Gao Yanan
Affiliation(s)

Jiangsu University, Jiangxu, China

Abstract

The unsafe right of defense is the system of the civil law system, and the anticipatory breach system is a unique system developed by the British and American law departments according to the jurisprudence. Both institutions are stipulated in the Civil Code, issued in 2020. The establishment of the unsafe right of defense system originated from the European law system. However, the establishment of the anticipatory breach system originated from the standard law system. The two are to reduce the losses caused by one party's default to the other party. At present, countries have introduced both systems, such as the introduction of France and Germany and the anticipatory breach system in the United States. Both institutions are of great practical significance in civil Law.

Keywords

Anticipatory Breach, Unsafe Right of Defense, Right to Rescind the Contract

Cite This Paper

Gao Yanan. Analysis of Anticipatory Breach and Unsafe Right of Defense. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 1: 39-42. https://doi.org/10.25236/IJFS.2022.040108.

References

[1] Song Lili, Zhang Jie. (2019) Study on the regulatory pathway of anticipatory breach [J]. Industry and Technology Forum, vol.18, no. 18, pp. 30-31.

[2] Zhu Yi. (2019) Comparison of defense and anticipatory breach system with legislative choice [J].Proceedings of Hunan Institute of Engineering (Social Science Edition), 2020, 30 (03): 108-112.

[3] Zhu Yitian. Comparative Study of RestDefense and anticipatory breach [J]. Journal of Kunming University, vol. 41, no. 04, pp.67-73.

[4] Xiao Jianguo, Song Shichao. (2020) Procedure Law Interpretation of the Civil Code Rules of Contract [J].Zhejiang Social Sciences, no.12,pp. 46-57 + 157-158.

[5] Zhu Yi.(2020) Comparison of defense and anticipatory breach system with legislative choice [J].Proceedings of Hunan Institute of Engineering (Social Science Edition),vol.30,no.03,pp. 108-112.

[6] Wang Liming. (2019) Civil and Commercial Law Studies [M]. Renmin University of China Press: Chinese Contemporary Jurists Library, no.12.

[7] Jia Weifeng. (2020)Rule of contract termination from the perspective of the Civil Code [N].Democracy and Legal Times, Health, 12-17 (006).

[8] Wei Chang. (2020) Contracts Failure to perform Relief Rule Study [D]. Dalian Maritime University.

[9] Zhang Yuyao. (2019) On the Judicial Application of our anticipatory breach System [D]. South China University of Technology.