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先期违约(Anticipatory Breach)首先是在英美法上确立的一种违约理论,以合同约定的履行期限届满为界将合同违约分为先期违约和实际违约。它的发展有一个从英国判例到判例法的逐渐形成过程,而先期违约的立法则在《美国统一商法典》中臻于完善,英美法先期违约理论的框架又为1980年《联合国国际货物销售合同公约》(以下简称《公约》所吸收,对世界上相当多国家产生了重大影响。目前,世界上许多国家的合同法,都
Anticipatory Breach is first of all a breach of contract theory established in the Anglo-American law. According to the expiration of the performance period stipulated in the contract, the contract breach is divided into incipient breach of contract and actual breach of contract. Its development has a gradual formation process from British case law to case law. However, the legislation of the early breach of contract has been perfected in the United States Uniform Commercial Code. The framework of the theory of advanced default in Anglo-American law was also the 1980 draft of the UN International Sale of Goods The Convention on Contracts (hereinafter referred to as “Convention” has a significant impact on a large number of countries in the world.) At present, many countries in the world contract law, all