Research on Defense Right Systems in Bilateral Contract

DOI

10.2991/assehr.k.200316.345How to use a DOI?

Keywords

simultaneous execution of defense right, first execution of defense right, unsafe defense right, anticipatory breach

Abstract

The “Contract Law of the People’s Republic of China” promulgated in China in 1999 for the first time stipulated three types of defense right systems in bilateral contract: simultaneous execution of defense right, first execution of defense right, and unsafe defense right. They are of great value to the market economy and have played a significant role in maintaining the security of market transactions and protecting the interests of the parties. China has inherited and developed the traditional unsafe defense right under the civil law system, and creatively set up a system for first execution of defense right, while drawing on the anticipatory breach system under the common law system. There are natural conflicts between the legal systems of different law systems, leading to defects in the defense right under contract law of China. This paper is divided into three parts, studies the defense right system in China’s bilateral contract, and discusses the value and defects of this system and issues about how to improve the system.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Suxin Liu
PY  - 2020
DA  - 2020/03/19
TI  - Research on Defense Right Systems in Bilateral Contract
BT  - Proceedings of the 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020)
PB  - Atlantis Press
SP  - 1631
EP  - 1634
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200316.345
DO  - 10.2991/assehr.k.200316.345
ID  - Liu2020
ER  -