预期违约制度产生于英国合同法,是指合同履行期限届满前的违约。预期违约制度在我国合同法立法及司法实践中占据重要地位,但同时其存在和适用也引发了众多争议。本章运用规范性分析法,对预期违约制度与实际违约、不安抗辩权等相关制度进行对比研究,分析预期违约制度存在的必要性,以期为预期违约制度寻找存在的理论基础和完善路径,促进合同法体系的完善。一、预期违约制度概述预期违约制是英美法中重要的组成部分,其是指合同履 Expected breach of contract system arising from the British contract law refers to the breach of contract before the expiration of the deadline. The expected system of breach of contract occupies an important position in the legislation and judicial practice of China’s contract law, but at the same time its existence and application have also caused many controversies. This chapter uses the normative analysis method to compare the expected system of breach of contract and the actual breach of contract, unequivocal right of defense and other related systems to analyze the necessity of the existence of the expected breach of contract system in order to find the existential theoretical basis for the expected breach of contract system and improve the path to promote the contract Law system improvement. First, an overview of the expected breach of contract Expected breach of contract is an important part of Anglo-American law, which refers to the contract