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The Meaning Of That Error

Posted on:2006-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2206360152487604Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It is inevitable that person would make mistake .To everybody ,the problem liesin how many mistake he would make ,not whether he would make mistake. As ageneral phenomena in life , there are varieties of mistakes so that we have to researchand regulate them in law ,which chiefly refer to "the mistake of intention expressed"in civil law . The purpose of this dissertation is to discuss this problem briefly . Firstly ,the definition of "the mistake of intention expressed" in Chinese law and"mistake of law "in main countries belonging to the European law family isdifferentiated and analyzed .Through the discussion, the writer agree that "the mistakeof intention expressed" in Chinese law has the same meaning of the viewpoint of"mistake of law "in Germany law . "Mistake of law " have different definitions in various legislations and relatedtheories . the definition play a very important role in the regulation and theory of thejuristic act which has a general principal meaning in Chinese law .The textualdiscussion base on Chinese civil legislation and theory .Then ,according to the phase of "Mistake of law "occurring ,the article have adynamic review and discuss the legal remedy to several main type of mistake . It is the keystone of the discussion that how to comprehend and apply theregulation in our country's civil legislations and related legal interpretations. Oursystem of "mistake of law "has its own features ,which has been analyzed anddiscussed briefly in the context . Finally ,the text discuss a few special problems on the application andinterpretation of the "mistake of law "and several special forms of "mistake oflaw ".The writer think it will be helpful to understand our legal system of "mistake oflaw". The conclusion is based on the Chinese legal system and theory of "mistake oflaw ". It should be issued that though "mistake of law "is defined to discuss "themistake of intention expressed", it is restricted in the scope of the two parties juristicact or we say ,contract .
Keywords/Search Tags:Meaning
PDF Full Text Request
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