Proceedings of the 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020)

Research on Defense Right Systems in Bilateral Contract

Authors
Suxin Liu
Corresponding Author
Suxin Liu
Available Online 19 March 2020.
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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Volume Title
Proceedings of the 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 March 2020
ISBN
978-94-6252-931-1
ISSN
2352-5398
DOI
10.2991/assehr.k.200316.345How to use a DOI?
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/).

Cite this article

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  -