Antizipierter Vertragsbruch

Can a party commit a breach of contract before the other party to the contract can demand performance of the contract? Should this be possible, which legal results will this involve? These issues are being dealt with in the German and the English legal systems under catchwords such as »anticipatory repudiation« and »anticipatory breach of contract«. Heinz Weidt studies the historical and dogmatic development of the theory of anticipatory breach of contract against the backdrop of each law pertaining to premature interference with the performance of contractual obligations. He then applies the findings obtained in both these legal systems to supranational projects for the unification of law such as the Principles of European Contract Law, the UNIDROIT Principles and the UN Sales Convention. He shows that this theory is based on common principles in German and English law, and that these can serve as basis for the creation of a common European private law.