摘要
1980的《联合国国际货物销售合同公约》中吸收英美法系的预期违约制度并有所发展,随着社会经济的发展其发挥着重要作用。我国《合同法》也规定了预期违约制度,但是存在体系混乱、救济措施不完善等问题。通过对《联合国国际货物销售合同公约》及我国《合同法》中预期违约制度分析,以期完善我国《合同法》中预期违约制度。
Anticipatory breach of contract in United Nations Convention on Contracts for the International Sale Goods made in 1980 absorbed the anticipatory breach of contract in Anglo-American Legal System and got some development. And it is playing an important function with the development of social economy. China＇ s contract law also stipulated the system of anticipatory breach of contract, but there were some problems such as system confusion, imperfect remedy and so on. Through the analysis about the anticipatory breach of The United Nations Convention on Contracts For the International Sale of Goods and China＇ s Contract Law, aiming at improving the system of anticipatory breach of contract.
关键词
预期违约
客观事实
解除合同
the anticipatory breach of contract
objective facts
dissolution of contract
