Anticipatory Breach: From CISG’s Perspective to Vietnamese Contract Law^*

Abstract: The doctrine of Anticipatory Breach has been adopted in many legal systems in the world and found its way into various international instruments, in particular, the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). However, this doctrine has not been recognized in Vietnam up to date. As a result, in situations where a breach of contract is evidently anticipated prior to the date of performance, the aggrieved party will not be able to avoid the contract but have to wait until the due date of performance to exercise certain remedies. This article provides an analysis of CISG’s provisions on Anticipatory avoidance and discusses Vietnamese contract law’s treatment in cases of anticipatory breach, including practices of resolving cases and the views of 633 Vietnamese enterprises participating in a survey on these issues. In the light of the fact that Vietnam has become a member state of CISG, this article will point out the necessity of codifying Vietnamese law on Anticipatory breach, and propose some suggestions for Vietnamese contract law following the approach of CISG. 

Key words: anticipatory avoidance; anticipatory breach; fundamental breach; Vietnamese Law; CISG

        JEL codes: K12