국제물품매매계약에 관한 국제연합협약에서 이행기 전 계약위반의 법리에 관한 연구

The doctrine of anticipatory breach was a foreign legal concept to civil law countries. In this regard, the adoption of the doctrine into the uniform sales law met with fierce opposition from third world countries that had showed extensive support for the convention on contracts for the international sale of goods. They had feared that contracting parties in industrialized countries could avoid contracts unilaterally with those from less developed countries. This doctrine was introduced on Hochester v. De La Tour in the United Kingdom and Dingley v. Oler in the United States. It was common law in these countries until the early 20th century. However, they began to walk different paths in the evolution of law after compilation of the Restatement of Contract (first) in 1932 in the United States. While the United Kingdom developed the doctrine based on common law, but the US pursued codification of the doctrine. This article explores the adoption of the doctrine both in the common law countries and civil law countries. In addition, it studies adoption of the doctrine of anticipatory breach under the United Nations Convention on Contracts for the International Sale of Goods.