Obstacles when recognizing anticipatory breach in Vietnam

Abstract

Currently, there are two different views among all jurisdictions around the world, supporting or opposing the doctrine of anticipatory breach. Most common law countries and a few civil law countries have recognized and regulated this breach. However, many countries, including Vietnam, still stick with the traditional theory of breach of contract and have not officially adopted the doctrine of anticipatory breach. This article provides an overview of anticipatory breaches and analyses the current legal situation as well as some obstacles when recognizing this type of breach in Vietnam.