Terminating contract due to its anticipatory breach

The paper examines the so called anticipatory breach doctrine under the Polish law. The need for taking a closer look at the doctrine is a consequence of the last amendment to the Polish Civil Code, which shed light on the hitherto ambiguous concept of anticipatory breach of contract. The analysis shows that a firm line should be drawn between the cases of express repudiation and those of anticipatory breach by conduct, as each of them results in different legal effects. The detailed discussion of those consequences is the main aim of this paper. It thus discusses the right to rescind the contract in the event of express repudiation or repudiation by conduct, as well as the issue of damages that are to be paid by the breaching party as a result of termination. By means of introduction, the problem of prerequisites that need to be met for the above-mentioned remedies to arise is presented.