On Motivation Errors

Theories and systems about errors, which were divided into expression errors and motivation errors, were basal theories of civil law. The motivation referred above was the motivation in the meaning of Meaning Expression and Legal Actions. It was some ideas and plans about concerned problems and it usually concealed. But also because of respecting to freedom will, motivation was expelled out of the vision of law in principle. In traditional motivation errors theories, usually, motivation errors took no place. But motivation errors was not simply inessential in legal, even it must be concerned sometimes. It was in Roman Law that began to pay attention to motivation errors. German law abstracted the notion of Law Actions and built staggered theories about Meaning Expression, which were basically to distinguish expression errors and motivation errors. German civil law abstracted two sorts of errors regulated by law, that were Important Character Errors and Subjective Act Base Errors. So it was important to define motivation errors. The objectively explanation theory to law actions took a major part in that way, which based on both the expressed way and the meaning way to explain meaning expression. So it must be relatively objective to research motivation. The conclusion after a long studying by French reason theory had high value. In Anglo-American law, an important rule to regulate errors was that they must be by both parties. For those unilateralism errors as exception, it also must be surely known by the other party. In this way, there were many elements which required the parties to be honesty and obey some notice duties added by the process of legislation in Anglo-American law. In China, there was lack of necessarily distinguish about expression errors and motivation errors, while was lack of legislation system. It was necessary for us to abstract...