不安抗辩与预期违约刍议

My Humble Discussion of Restless Contradiction and Anticipated Break of a Contract

源自英美法系和大陆法系的预期违约与不安抗辩权制度在我国合同法中首次予以移植并进行了发展,这是两个相当重要而又最容易混淆的的概念和制度,全面分析并予以把握,对司法实践和理论教学都有十分重要的意义。

The restless contradiction and the anticipated break of a contract from the British and American legal system and the mainland legal system are transplanted and carried on the development for the first time in our country law of contract , which are two quite important but also easiest to confuse the concepts and the systems. To analysis and grasp them have the extremely vital significance to the judicial practice and the theoretical teaching.