On The System Of Errors Of Expressing Of Intention

The intention of People has an important position in modern civil law. By the tool of expression of intention, parties establish civil legal relation on his own intention, to realise the principle of Autonomy of Private Law. The intention of parties is considered to be the base of effectiveness of civil juristic acts. In the process of expressing the intention, where the intention is different from the expressing, the law will provide remedies for that. Based on the principle of Autonomy of Private Law, civil law constructed the system of errors of expressing of intention in civil law countries. In Common Legal System, the court refuse the remedy to errors to protect the transaction security at first, but in recent time, common law has extend the terms of remedy for errors. The first chapter will analysis the system of errors of expressing of intention, and study the concept,types and legal effects of error.The construction of system must be based on certain theory, so the change of theory will lead to the transform of system. With the development of social and economy, the law changes from focusing only on Autonomy of Private Law to pay attention to the guarantee of trust, and now they are all the value pursued by law. By now the law treats both parties equally, and strikes the right balance between both parities. In this process, the law also considers the principle of risk-bearing. The second chapter will discuss the several theoretical basises of errors of expressing of intention and theirs influences on the errors in modern civil law.Based on the second chapter, the third chapter will discuss the theoretical basises of the traditional system of errors of expressing of intention,the theory of distinguishing between errors of motive and errors of manifestation,types of the errors and the legal effects of the errors, and study the insufficiency of the traditional theory of errors of expressing of intention in protecting the Autonomy of Private Law, and the negligence of protecting the legal trust and the transaction security, which mean that the traditional theory of errors of expressing of intention do not adopt to the society and should be reformed.For the importance of the system of errors of expressing of intention in the civil juristic acts, our civil law also govern them. But the general principles in civil law,contract law and so on do not use the concept of error but significant misunderstanding. Though the prescription is significant in guiding judicial practices, but the system of errors of expressing of intention is provided in civil law of our country very toughly, which cause a series of problems in judicial practice. So in the future we compile the civil code, we should modify the prescription. So the fourth chapter will put forward some advises of improvements of the prescriptions of the system of errors of expressing of intention of our country, based on the studies mentioned above, standing in the conditions of our country.