I wrote this dissertation to contribute to the legal framework of the settlement of breaching commercial contract in my country, Vietnam.
The theory of "breach of contract" was born and long-term existed in all legal systems in the world, including Vietnam. And according to traditional theory, when the time limit is agreed in the contract but one party fails to perform obligations, the breach of contract will be determined. With the long-term survival of the theory it was ingrained in everyone's subconscious, and most thought it was the truth - nothing could be more appropriate. But the objective world is always moving and constantly developing, because of that, in the social reality as well as in the legal, there are always concepts, as well as a lot of new phenomena arise in which the theory of "anticipatory breach" has been reached So many questions are raised here: whether the theory of "anticipatory breach" is inconsistent with traditional theory, does it go against the development of society? whether or not it has a reason to exist or not, is it really necessary to have a regulation of the anticipatory breach in Vietnam? ... This dissertation will be the answer to the above questions.