Research On The Error Of Intention Expressed

The expression of intention is one of important component, the research on the expression of intention is of good value to the civil theory. The error of intention expressed is one type of the flaw of intention expressed, about thace definition of the error of intention expressed, different legal systems and different countries have different explanations. Based on the principle of autonomy in private law, civil law countries constructed the system of errors of intention expressed in their civil law. But in common law countries, they refuse the remedy to errors to protect the subjects like that at first, but in recent time, the common law countries have transplant the system of error of intention expressed. There is the definition of the misunderstanding in Chinese law, is there some different with the error of intention expressed? Through the discussion, this article agree that the misunderstanding in Chinese law has the same meaning of the viewpoint of the error of intention expressed in other countriesThis article research on the error of intention expressed, there are five chapter, and trying to establish and improve our civil law by researching the definition of error and comparing the related systems in other countries.The first chapter of this article makes the definition of the error of intention expressed, and then it clarifies and discusses the different definitions of common law system and civil law system, finds the different of the two systems on the error of intention expressed, this chapter is the base of this article.The second chapter of this article is about the relevant theoretical problems with the error of intention expressed. It concludes great misunderstanding, the legal unfairness, the hitting when down, the fraud and the business risk. This chapter discussed the same and different of them.The third chapter of this article based on the first and the second chapter, this chapter divides the error into the motivation at different times and the classification of the error, then introduces the types of error of intention expressed in civil law system and common law system.The forth chapter of this article is about the legal force of error of intention expressed. There are two forces almost in all countries, it includes:invalidism and repealism. The withdrawal of the legal action is be ruled in most countries. But they all make limitations about it. Based on this and try to solve those problems, this chapter make the comparison and description for it.The fifth chapter of this article is focus on the current legislation situation and its disadvantages and give the suggestions which perfect our country's error of intention expressed. Thus, to promote the unification and consummation of company law.