My current title in the process of formulating the “ contract law ” has played an extremely important role reference to the anticipatory breach provisions as chinese “ contract law ” is directly inspired by theory of anticipatory breach of contract in cisg Cisg在我国现行《合同法》的制定过程中起到了极为重要的参考作用,就预期违约规定而言我国《合同法》更是直接借鉴了cisg中预期违约制度。
There are two ways of remedy available at present , one is the institution of anticipatory breach of contract in anglo - american law system , and the other is the institution of the right to plea of unease and the institution of contract cancellation in continental law system 目前，各国的主要做法有两种：一是英美法系国家的预期违约制度；二是大陆法系国家的不安抗辩权制度及合同解除制度。
From the point of improving anticipatory breach in the contract law of our country , this paper is devoted to the all - round and systematic study of the system , on the basis of which several views on the improvement of the system is put forward 本文正是以完善我国合同法中的预期违约制度为根本出发点，对该制度进行了全面而系统的研究，并在此基础提出了完善我国合同法中预期违约制度的若干设想。
As is accepted by all the signatory states , united nations convention on contracts for the international sale of goods combines the system of uneasy pleadings with that of anticipatory breach of contract and absorbs available components of those two systems 可见，默示预期违约制度是合同法诚信原则在合同履行领域的一种具体表现，两者在本质上都是为了衡平双方当事人的利益。二、默示预期违约的法律构成构成默示预期违约应具备以下要件： 21
American uniform commercial code and restatement of contracts turned those preceding case principles into legal provisions and further enriched related contents . the reason why the system of anticipatory breach comes into being and develops is mainly due to its priorities as follows : a 美国《统一商法典》进一步肯定了上述判例规则，明确规定受害方在对方明示预期违约致合同发生重大损害时的各项救济权，并对明示预期违约表示的撤回作出有关限制。
The composition also includes 4 parts . the 1st and the 4th part are the same as the basic anticipatory breach . the second part is that the conduct of not performing the contract can be obviously seen the 3rd part is that the other party will not perform the larger part of the contract obligations . 非根本性预期违约的构成要件如下：第1 、第4要件同根本性预期违约的相同；第二要件是：认识程度为显然；第三要件是：不履行的义务为大部分合同义务。
