预期违约制度与我国合同法修改

预期违约救济制度起源于英美判例法，它更为明显地体现了合同法所追求的诚实信用、公平、效益等原则。预期违约制度已成为世界上许多国家合同法体系中的重要组成部分。如果我国新的《合同法》对大陆法系传统概念加以扬弃，吸收英美法系中的合理因素，引入预期违约制度，将具有十分现实的意义

The System of Anticipatory breach of Contract and Amending of the Contract Law in China

The Law relief System about anticipatory breach of contract originate from Case Law It Stresses the Principles of Credit,Just,benefit,etc. which Cntract Law seeks. The Law relief about anticipatory breach of contract contains repudiation and diminished expectation. It is More Full and More reasonable than weigerungssecht and of the system of anticipafory has become a important aspect of the contract Law System in many Countries. But,the existing Contract Law in Our country doesnt mention it.At the time of making a draft of new contract Law, author thinks it has very important practical Significance that System of anticipatory breach of contract be Leaded into the new contract Law Linking with Our country reality.