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Research On The Mistake Declaration Of Intention

Posted on:2011-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:R R ChenFull Text:PDF
GTID:2166360305477602Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In real life, owing to the limitations of subjective and objective conditions, intention is often inconsistent with expression. The existing of intention mistake makes the legal results which the party hopes unachievable,this is not accordance with the principal of private autonomy. Therefore, from Roman law, the civil law has builded up the system of mistake declaration of intention in order to give the intention declarer relief. But the system of mistake declaration of intention also involves the trust interests of the opposite and transaction safety of both sides, so how to realize the balance between private autonomy and deal reliance becomes a difficult problem. For solving this problem, every country attempts to study it theoretically and forms a set of perfect adjustment mechanism. In our country, the civil law has some stipulations regarding this and the judicial practice has also carried on the beneficial exploration. But the academic circle has not a unanimous opinion on the mistake declaration of intention mistake and civil law legislation has not a thorough regulation. So we should conduct the research deeply and build up the system of mistake declaration of intention.This article utilizes the method of comparison research to study the system of mistake declaration of intention in various countries, elaborates the core question——how to recognize the intention mistake which can impair the effectiveness of legal act. At this basis, this article suggest to expand the applicable scope of mistake, build up the standards and the specific operation rules under the trust-protecting principal, limit the right of rescission and the right of correcting contract, clear the responsibility of compensation for reliance. In the last, this article talks about the shortcomings of rules of mistake in our civil law, and discusses legal outcomes of declaration mistake of intention in order to benefit the legislation and judicial practice of our country.
Keywords/Search Tags:declaration mistake of intention, private-autonomy, trust-protecting, recognize, legal consequence
PDF Full Text Request
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