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一保证履行抗辩权,是双务合同中先履行合同义务的一方当事人在对方不能保证履行时,为避免先为履行而显受不利,乙方可以不履行的一种保留性权利。在货物买卖合同的履行中,先履行义务一方可能因为对方不履行合同义务而遭受损失,这些损失,在理论上可以因法律的救济而得到弥补。但是从具体情况看,并非完全这样。譬如,甲公司向乙公司购买一批货物,甲公司收到货后,一直未拨合同约定给付货款,乙公司派员催要时,才得知甲公司经济状况恶化,濒临破产,无力支付到期债务。乙公司只有或作为破产债权人参与清偿,抑或与甲公司达成延期付款协议。而这两者都得到法院支
A guarantee that the performance of the right of defense is one of the reserved rights that Party B may not perform in order to avoid the disadvantage of being fulfilled by one of the parties who first perform the contractual obligations in the bilateral service contract when the other party can not guarantee its performance. In the performance of the contract of sale of goods, one party may first perform its obligations because of the other party's failure to perform contractual obligations and suffered losses, in theory, these losses can be remedied by law remedies. But from the specific situation, this is not exactly the case. For example, Company A buys a shipment of goods from Company B. Company A has not allocated the contract payment for the goods after receipt of the goods. Company B, when sending a reminder, learned that Company A's economic condition has deteriorated and is on the verge of bankruptcy and unable to pay Debt. Company B is involved in liquidation only or as a bankrupt creditor, or a deferred payment agreement with Company A. Both have been court-supported