论期前违约制度——履约期待权的救济措施

On Breaking a Contract in Advance——The Remedy for the Expectation Rights of Contract-keeping

履约期待权救济措施在英美法系中称为"期前违约"或"预期违约"制度。英美法的期前违约制度包括预期拒绝履行与期待贬损。我国合同法引进了英美法的期前违约制度,但不是完整的引进,而只是引进了部分内容。合同法仍然是以不安抗辩权制度为主,期前违约制度与不安抗辩权制度有很大的区别。期前违约制度在司法实践中缺乏操作性,应尽快完善我国合同法的期前违约制度。

A remedy for the expectation rights to keep a contract is called the system of 'breaking a contract in advance' in British and American laws, which include refusing to keep a promise in advance and expecting to be little the promise. China's contract laws have partly not wholly introduced American and British laws. Contract laws mainly contain protesting systems, which are quite different from breaking a contract in advance. Weak in operation feasibility in legal practice, it is necessary to improve the remedies of keeping a contract as soon as possible.