Font Size: a A A

Meaning Of That Error Research

Posted on:2006-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2206360155960957Subject:Law
Abstract/Summary:PDF Full Text Request
Expression of intention truth is one of the requirements of validality of civil law acts and reflects the meaning autonomy principle in civil law. But in real life, owing to the limitations of subjective and objective conditions, intention is often inconsistent with expression. In fact, expression of intention mistake is one important form of this inconsistency. It impaires the effect of civil law acts and involves the occurrence, change and termination of civil legal relationship. Expression of intention mistake is brought about by the meaning expresser to bring trust to the opposite. As a result.it involves the free will of the meaning expresser, the trust interests of the opposite and transaction safety of both sides. For this reason, every country attempts to study it theoretically and regulate it in detail in legislation. Expression of intention mistake is a field which should be made a thorough study concerning civil law theory. Take meaning freedom as its orientation of value, proceeding from the considerations of the protection of the meaning expresser. civil law system and civil laws of the influenced countries and areas laid down detailed regulations. Generally, the mistake is divided into motivation mistake, behavior mistake, content mistake and nature mistake .Furthermore, different legal validity and compensation responsibility of the mistake has been established. The mistake in common system is mainly prescribed in contract law. It is based on the mutual interests balance and transaction safety value and divides mistakes into unilateral mistake, mutual and common mistake. Besides, it gives relatively complete prescripts for the legal consequences of different forms of mistakes. For historical reasons, the civil law in our country has not an unanimous opinion on the expression of intention mistake and has not a thorough regulations in civil law legislation.In this essay, the author points out that mistakes in uttering an idea is out of misinterpretation or ignorance of the expresser which leads to the split between the expresser's behasioral intention, effectual intention and the factual expressing behavior, but the expresser will definitely not do that if they know the fact. Mistakesin uttering a truth can be divided into two-side mistakes and one-side mistakes. One-sides mistakes can be further divided into two basic forms, one is expressing mistakes of inconsistency between behavioral intention and expressing behavior, the other one is content mistakes of inconsistency between effectual intention and expressing behavior. At the time of settling down the legal effect of wrongly-expression of intention, three legal results which include inefficiency, revocation, changability, should be established simultaneously, but it is necessary to strictly constrain the inefficient legal result. The result of inefficiency takes effect only under the situation that the expression of intention mistake will cause serious consequence which unbalance the two sides and the court can't take any other measures except making a contract invalid. When judging the legal effect of the expression of intention mistake, it's a must to consider the subjective mistakes of the expresser in expressing an idea as well as the extent to what the opposite identifies a mistake.The expression of intention mistake theory and the nature of legislation aims at searching for a balancing point between the expressing freedom of the expresser and the trusting benefit to the opposite as well as dealing security which represents the coordination of conflict between personal expressing freedom and two-side beneficial balance, dealing security. So this theory plays a very important role in civil law theories and legislation throughout the world. As for the civil law in China, it calls for futher research in theories, improvement in legislation in order to adapt to the decelopment of market economy in our country.
Keywords/Search Tags:Expression of intention mistake, Behavioral mistake, Content mistake
PDF Full Text Request
Related items