Study On The Motivation Error Of The Declaration Of Will

The mistake of the declaration of will involves the core of the legal act and the autonomy of private law,while the motivation error is an important issue in the mistake of the declaration of will.But it has always been controversial that if the law regulates the motivation error.However,the legislations and the theories involves it in Civil Law countries.But it never occurs in the legislations nor in the theories in China. In view of this,the thesis attempts to explore the regulations of the remedy for the motivation error and think about the remedy for the motivation error in Chinese law by studying the issues related.Except for preface and conclusion,the thesis consists of five chapters:Preface derives out the motivation error and limits the context of this research.Chapter one summarizes some issues related to the motivation error.In this chapter,subchapter one introduces the summary of the mistake of the declaration of will,subchapter two defines the meaning of the motivation error and the position of the motivation error in legal act theory.Chapter two investigates the history of the motivation error.This chapter investigates the motivation error in Roman law,Germanic law,German law,the theory of German civil law,the civil law draft to hold longitudinally the remedy rules and principles of the motivation error in history.Chapter three shows the motivation error in the comparative laws.This chapter investigates the motivation error in French law,German law.Swiss law,Japanese law to hold laterally the remedy rules and principles of the motivation error in nowadays.Chapter four analyzes the types and remediability of the motivation error.This chapter investigates the pure motivation error,the expressed motivation error,the error of nature,the two-party error of motivation,the special motivation error to hold the fundamentals of the remedy for these different motivation errors.Chapter five shows the state of error of motivation in China law and its perfection.In this chapter,subchapter one and two introduce the regulation of motivation error in China law and Projects of Civil Code and their defections, subchapter three puts forward suggestions for perfecting the regulations of error of motivation in China law.The conclusion section summarizes the remedy rules and principles of the motivation error.In principle,the law shouldn't provide remedy for the motivation error,however,the important error of nature or the two-party error of motivation should be given legal remedy.