earticle

영어

Anticipatory non-performance occurs before the agreed time of performance, where on party indicates by words or deed that he will not perform his undertaking, including making it impossible for himself to perform. This paper focused on the interpretation of Anticipatory non-performance doctrine under PICC Article 7.3.3 and 7.3.4. It also provided some practical issues in international commercial transactions. In conclusion, the doctrine of anticipatory non-performance under PICC is slightly favor of innocent party. Because there are some practical issues with PICC Artcle 7.3.3 and 7.3.4, such as an innocent party's readiness and willingness to perform at the time of terminating a contract, absence of the notification requirement, unclearing meaning of adequate assurance of due performance and the scope of performance withholding. Therefore, concerned party who engage in international commercial trade need to understand these issues and resolve them based on good faith.