A Study On The Annulment Of A Contract By Reason Of Mistakes

Because the nature of the contract between the parties need to consensual, their effectiveness depends on what the parties say. In reality, meaning expressions, for various reasons, may exist flaws. "Wrong meanings" or the "mistakes" means that errors made by the contract for the contract by reason of mistakes This paper focuses on the revocation of the contract by reason of mistakes and the question of compensation based on the analysis of the wrong system.Chapter One is mainly about the erroneous concept of different countries to define the concept of this mistake and points out this mistake must have six elements. Then the author combs the erroneous attribution of unknown type in the stage of perspective. Finally, the author points out the major problems in reality, if applying the theory of the wrong practice of contract to the practice.Chapter Two is mainly about how to execute the right to revoke the contract by reason of mistakes. First of all, the author analyses the conditions of the right to withdraw the conditions. Then the main body, the way and the period of using the right to revoke the contract is illustrated. And the final analysis is about the impact on the effect of the contract after the withdrawal of the contract by reason of mistakes.Chapter III is mainly about the compensation and responsibility after the contract is revoked. China's "Contract Law" stipulates after the contract is revoked, the legal responsibility should be the return of property, compensation and compensation for loss of discount. The responsibility of returning the property will arouse after the contract by reason of mistakes is revoked, and the person wrongly expressing the meaning should compensate relative trust in the interests of the loss.And the last chapter is the conclusion. The error means people make innocent mistakes in their own reasons and circumstances, causing the true meaning of its subjective differs from the objective meaning. The contract by reason of mistakes belongs to the revocable contract and the right to revoke the contract depends on the contract-maker in oral or in writing. The contract should be revoked immediately after errors are found, but should provide a relatively long and appropriate period of change. After the contract by reason of mistakes is revoked, the return of property responsibility comes into being. Although the contract-maker trusts the wrong form of liability for all losses by mistake, including direct losses and indirect losses, yet the responsibility does not belong to the nature of the contracting fault liability, but the responsibility of an independent form.