Front.Law China (2006)1:121-152 125 Pre-contractual obligations Liability for culpa in contrahendo pend Leistungspflicht Liabilities for Contractual obligations breach of “Ancillary obligations'” contract (Nebenpflicht). Contractual liabilities xpend Expend Liability for breach of Post-contractual obligations post-contractual obligations Fig.1 Breach of contract and its liabilities Breach ofcontract Chapter Seven of CCL is named "Liability for Breach of Contract"(arts. 107-122).In Chinese laws,"breach of contract"means "a party fails to perform its obligations under the contract or fails to perform them as contracted"(CCL art.107;GPCL art.111).On one hand,"contractual obligations,"as has been pointed above,is not confined to Leistungspflicht,it also includes ancillary obligations(CCL art.60 par.2).A breach of ancillary obligations may also amount a breach of contract,and may entail liabilities for breach of contract.On the other hand,"breach of contract"concems only to the object aspect of one's act or omission,and does not care about whether ornot the act oromission excused. As to the types of breach of contract,there are a lot of disputes between Chinese scholars. Before the enactment of CCL,the main dispute concerns on whether "anticipatory breach" may be a kind of breach in Chinese law or not.CCL confirms that anticipatory breach is a type of breach of contract(arts.108,94 sent.2). Now the types of breach of contract may be divided into two categories,namely anticipatory breach and actual breach.And anticipatory breach,as can be read out from CCL art.108,includes"explicitly expressing its intention not to perform its obligations under the contract"(anticipatory renunciation of contract)and "indicating by act its intention not to perform its obligations under the contract"(anticipatory disablement of performance).Actual breach,as can be read out from CCL art.107,denotes"failing to perform its obligations under the contract'”and“failing to perform its obligations as contracted.”“Failure to perform an obligation"may be interpreted as including disablement of performance,delay of performance and refusal to perform,the essential characteristic of them (as opposed to anticipatory breach)is that they occur after the time due for performance."Failure to perform an obligation as contracted"may be interpreted as defective performance.Where the per- 10"Breach of contract"in CCL should be distinguished from the words in the common law sense.In the common law sense,a breach of contract is meant a non-performance that is not excused,e.g.under the rules as to frustration.See G.H.Treitel,The Law of Contract(1995),p.746.So a breach of contract in CCL resembles a "non-performance"of a contract in Principles of European Contract Law(PECL).Breach of contract and its liabilities Breach of contract Chapter Seven of CCL is named “Liability for Breach of Contract” (arts. 107–122). In Chinese laws, “breach of contract” means “a party fails to perform its obligations under the contract or fails to perform them as contracted” (CCL art. 107; GPCL art. 111). On one hand, “contractual obligations,” as has been pointed above, is not confined to Leistungspflicht, it also includes ancillary obligations (CCL art. 60 par. 2). A breach of ancillary obligations may also amount a breach of contract, and may entail liabilities for breach of contract. On the other hand, “breach of contract” concerns only to the object aspect of one’s act or omission, and does not care about whether or not the act or omission excused.10 As to the types of breach of contract, there are a lot of disputes between Chinese scholars. Before the enactment of CCL, the main dispute concerns on whether “anticipatory breach” may be a kind of breach in Chinese law or not. CCL confirms that anticipatory breach is a type of breach of contract (arts. 108, 94 sent. 2). Now the types of breach of contract may be divided into two categories, namely anticipatory breach and actual breach. And anticipatory breach, as can be read out from CCL art. 108, includes “explicitly expressing its intention not to perform its obligations under the contract” (anticipatory renunciation of contract) and “indicating by act its intention not to perform its obligations under the contract” (anticipatory disablement of performance). Actual breach, as can be read out from CCL art. 107, denotes “failing to perform its obligations under the contract” and “failing to perform its obligations as contracted.” “Failure to perform an obligation” may be interpreted as including disablement of performance, delay of performance and refusal to perform, the essential characteristic of them (as opposed to anticipatory breach) is that they occur after the time due for performance. “Failure to perform an obligation as contracted” may be interpreted as defective performance. Where the per￾Fig. 1 10 “Breach of contract” in CCL should be distinguished from the words in the common law sense. In the common law sense, a breach of contract is meant a non-performance that is not excused, e.g. under the rules as to frustration. See G. H. Treitel, The Law of Contract (1995), p.746. So a breach of contract in CCL resembles a “non-performance” of a contract in Principles of European Contract Law (PECL). Front. Law China (2006) 1: 121–152 125