Research On The Mistake Of Intention Expressed

The mistake of intention expressed is a difficult problem in civil law all through.The study of the mistake of intention expressed is very simple now in our country. Scholars seldom study the mistake of intention expressed which is constituted by other countries. Firstly, this thesis elucidated the concept and characteristic of the mistake by analysing the system of mistake in different countries'legislation. The thesis considered that the individual of mistake should include bidder and promisee, the mistake don't happen in the condition of the other side's fraud and the mistake shoud happen as legal deed is valid. Secondly, the thesis introduced the legislation of mistake in the European Law Family and the Common Law Legal System and commented on it simply. In the European Law Family, the mistake of intention expressed is compartmentalized the mistake of content, the mistake of expression and the mistake of motivation. The severe mistake of content and expression can be revoked, but the mistake of motivation cannot be revoked. In the Common Law Legal System, the mistake of intention expressed is compartmentalized single mistake and both mistake. The principle of mistake is that the mistake will not be redressed unless the mistake is both. Thirdly, the thesis analysed the rule of mistake. The factors which will influence the establishment of rule of mistake include the severe mistake, the distribution of venture of mistake, negligence and the condition of the other side. The thesis also brought forward the rule of single mistake and both mistake based on the above factors. At last, the thesis introduce the status quo of legislation of mistake in our country. At the same time, it put forward some proposals to perfect the legislation of mistake in our country, for example replacing"the great misunderstanding"as"the mistake of intention expressed", perfecting the rule of revocation and establishing and perfecting the remedial way of being modified etc.