중국계약법상 선기위약(先期違約)으로 인한 손해배상책임

In the Chinese contract law, anticipatory non-performance is a concept equivalent to repudiation under British or American law. It means explicitly or implicitly expressing the intention not to perform the contract without justifiable reasons (Article 578 of the Contract Law of China). There are two types of placebo, an explicit placebo and an implicit placebo. Explicit breach means to clearly indicate to the other party that it is defaulting on its contractual obligations without conditions. Implicit breach means that one party expresses the non-performance of its contractual obligations by its own actions. In other words, it is a case in which one party, through its own actions, has the other party that it will not or will not be able to perform its contractual obligations even if the performance period arrives. If there is such an explicit or implied breach of contract, the other party can claim the breach of liability against the breaching party even before the expiration of the period of performance. The purpose of legislating anticipatory non-performance is that: first, it can reduce avoidable damage by having the party (the infringed party) who is likely to suffer damage in the future obtain relief in advance; second, waiting until the fulfillment period and ending the contractual relationship and then establishing a business relationship with a third party again takes into account the fact that society as a whole will also suffer losses.