Research On The Mistake Of Intention

The system of false expression of intention has an important position in the legal system, the means of the parties is the basis of legal effectiveness, the norm of meaning is the consistent of the inner meaning with the external, if the meaning and the indication of the parties is inconsistent in the process, the law should give relief. Ideographic human error occurs, the legal meaning of the expression is represented by its content to be valid, in civil law doctrine, that doctrine and eclectic different proposition, which reflects the autonomy of private law, trust, transaction security protection, and the balance .Therefore, the civil law of different countries has different errors form o f effective. Overall, people pay more widespread concern on the transaction security.In China the "major misunderstanding" statements provided in the "Civil Law" Article 59 and other legal provisions, compared with definition of the "error" requirement the civil law and common law countries, the "major misunderstanding" system in China is not perfect, especially in the performance of legislation and legislation in the theoretical aspects of technology, making the judicial system in particular is apt to cause problems in practice. At the same time it is lack of the regulatory relief, therefore, when we are making our civil code process in the future, we should be based on national conditions, learning from foreign experience in the mature legislative and judicial precise terms of legislation, completion the error form in such terms such as improving the rationalization the meaning of that error on the civil law system.Based on the above considerations, this article from the wrong system of basic theory, through the use of comparative analysis, dialectical analysis, empirical analysis methods, from the wrong definition, types and legal effect other aspects of the error system studied, based on the review of lack of legislation, from advanced cases of national legislation and the actual situation in our country build a civil wrong system of legislative ideas. Article base on the error point, and divided into four parts. The first part discusses the meaning of intention, the establishment and effectiveness, on this basis and with the definition in national legislation of national legislation with the wrong interpretation of the meaning of that meaning and intention of the definition of error, focuses on determination on intention error system and make clear the basic understanding of the error; For the second part, discusses the types of meaning and analyze the different perceptions on the error of civil law and common ;For the third part, it describes the validity of legal acts in the error means and the legal remedy. Finally, it discusses the inspiration and the building to our system of civil legislation through the analysis above.