默示预期违约与不安抗辩权制度之比较

Contrast between Implied Anticipatory Breach of Contract and Precarious Right to Defense

我国合同法规定了默示预期违约与不安抗辩权这两种有较多相似之处的制度。对默示预 期违约与不安抗辩权两种制度加以比较,并探讨《合同法》同时规定这两种制度有无必要。

Two similar theories, implied anticipatory breach of contract and precarious right to defense, are simultaneously adopted by Chinese contract law. This paper attempts to contrast the implied anticipatory breach of contract with precarious right to defense. It is considered that there is unnecessary to simultaneously to admit those two similar theories.