EFFECT OF ANTICIPATORY BREACH ON THE CONTRACTUAL RELATIONSHIP

From concluding of a contract to perfect performance, the continuing of contractual relationship may be doubted by some events and in this circumstance, it is necessary to determine the parties’ rights and obligations and the future of their contract. One of these situations is “anticipatory breach” in which prior to the date of performance of contract, it is clear that promisor will not or can not perform own him obligation. Can promisee discharge his reciprocal commitments and bring an action of suffered damages? The Convention on Contracts for the International Sale of Goods is one of the most important referable instruments in sector of International trade which has granted in circumstances the right of discharge of the contract to the innocent party.