不安抗辩权与预期违约之比较研究

The Comparative Study of Unsafe Right of Defense Systems and Anticipatory Breach of Contract

摘要: 一些异时履行的合同，在合同成立后到履行期到来之前这段时间会出现一些难以预测的新变化，从而使合同不能到期履行，因此设置了不安抗辩权制度和预期违约制度。我国《合同法》创造性对这两种制度的融合未达到融会贯通的效果，导致了我国合同法在实务适用上的不一致。比较研究两制度理论上的相同和不同点，以为我国《合同法》中不安抗辩与预期违约制度结合达到最优提出可行性建议。

Abstract: Some time-honored contracts will undergo some unpredictable changes during the period from the establishment of the contract to the completion of the performance period. As a result, the contract cannot be fulfilled due to the expiration of the contract. Therefore, the unrest defense right system and anticipatory breach of contract system are set up. The integration of these two systems by the creativity of the “Contract Law” in China did not achieve the effect of integration, resulting in inconsistency in the application of China’s contract law in practice. A comparative study of the similarities and differences between the two systems in theory was made to propose feasible suggestions for the combination of the system of uneasy defense and anticipatory breach of contract in China’s “Contract Law”.