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Research On The Wrongly Expressed Meaning System

Posted on:2007-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YangFull Text:PDF
GTID:2166360185960831Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The people who are engaged in the legal act unavoidably has the mistakes in the meaning expresses.f the law overlooks these mistakes, it will cause the people to suffer the extremely bad effect unavoidably and the principle of meaning autonomous can not take effect. The wrongly expressed meaning system should fill need of the adverse effect which comes from the weakness of individual thought or the behavior. But while giving the wrong side reliefs, law can not neglect benefit of opposite party and the good intentions third human. How the law should appraise, in order to implement meaning autonomous and guarantee the transaction security, is a difficult problem which does not cause the relative person and the third person therefore suffer injury. The various countries carry on the system rules and regulations to the wrongly expressed meaning system. Our country has some stipulations regarding this and the judicial practice has also carried on the beneficial exploration. But legislation has many flaws and the scientific theory or principle research also need further research. Therefore, it is necessary theoretically to conduct the thorough research to the question and to design a set of rules in order to instruct the legislation judicature practice well.This article utilizes the method of comparison research to study the various countries' system of wrongly expressed meaning, elaborates the core question - recognizing of wrongly expressed meaning. The union of various countries legislation, the scientific theory or principle viewpoint and the flaw of significant misunderstanding recognizing of our country, it proposed recognition of wrongly expressed meaning must synthesize the consideration essence justice, the fair procedure and the many kinds of values and the factor etc, and discusses important elements of wrongly expressed meaning of our country . This article also discuss legal outcomes of wrongly expressed meaning in order to benefit the legislation and judicial practice of our country.
Keywords/Search Tags:mistake, wrongly expressed meaning, significant misunderstanding, mistake relief, legal outcomes
PDF Full Text Request
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