A Discussion On The Mistake Of Intention's Affect On Legal Act Effect

The aim of legal act effect system is to protect legal profit and the autonomy of will . Types of qualification of the express of will in China Civil Law is much different from those of other countries, the latter being much more comprehensive. The research of the mistake of intention in other country's Civil Law is much more sophisticated as well. But there's no adoption of the concept of the mistake of intention in our Civil Law, which uses the wording of significant misunderstanding instead.The paper proves its theory by means of dialectic analys s, historical analysis and comparative analysis, trying to establish the rules of our own by studying other countries' correspondence for reference. Besides introduction and conclusion , the dissertation consists of four chapters. Chapter One summarizes the mistake of intention system:the definition, the aim of the system, the difference of common law system and civil law system on the mistake. Chapter Two analyses the rules and development of the mistake of intention system. Chapter Three discusses the defects of significant misunderstanding in our own civil law system. Chapter Four provides some advices on establishing the rules of mistake of intention.The auther hopes to draw in more attention to and deeper research into the mistake of intention, with a view to perfecting the fundamental rules of the legislation on juristic act system.