一、不安抗辩权制度不安抗辩权是大陆法系一项成熟的法律制度,很多国家(地区)都有关于此项制度的规定。最早可溯及至德国,后发展为一项重要的合同制度。德国民法典规定:因双务合同而负有先给付义务的一方,如果订立合约后得知其对待给付因对方欠缺履行能力而面临障碍,有权拒绝履行其负担的给付。如果对方进行了对待给付或者为其提供担保的,拒绝给付的权利消灭。法国虽然没有通过专门的立法将不安抗辩权制度规定下来,但是在其民法典中的买卖合同中 First, the system of unequile counterattack unequivocal rights is a mature legal system in civil law, many countries (regions) have provisions on this system. It can be traced back to Germany at first and then developed into an important contract system. The German Civil Code stipulates that a party liable for prior payment due to a double-service contract has the right to refuse to honor its payment if it encounters an obstacle after the contract is concluded, knowing that the treatment of the payment has been impeded by the lack of ability to perform. If the other party treats or gives a guarantee, the right to refuse payment is extinguished. Although France did not stipulate the system of uneasy rights of defense through special legislation, in its contract of sale in its civil code