Contract Comparative Study Of The Error System

The mistake is a kind of contractual cause of disease, is to the litigant freedom of contract serious violation. The contract mistake system is an important system in the civil law domain, in order to protect litigant's freedom of contract and the relative person trusts the benefit and the transaction security. It needs to pursue one kind of value in these two aspects to be balanced. If it is the serious deviation which side, all the civil law transaction basic system will destruct, and causes the contract law system to lose its existence the significance. In the history, the strict formalism and excessively pursued the meaning principle all once to hinder the civil law transaction prosperity development.The mistake system is a contractual law concept, has the different understanding in the mainland law system and the English America law system, the law frame doesn't exert a homology, too. Through the comparison may discover between them the different value pursue, the law handling method as well as the people's law effect which want to pursue through the mistake system, more important is the total sex part in mistake system.《Principles of International Commercial Contract》and《Principles of European Contract law》for these two law systems in this system, has compatibly made the very good example, has indicated the direction for the various countries' legislation tendency.The contract mistake system has oneself connotation and the extension. We only the exactitude hold these two aspects, can when is suitable the mistake system enable it to obtain the reasonable display, without bias and without favor. The correct discrimination the mistake system and the misunderstanding system, the mistake system and the error undertakes,the mistake system and the risk undertakes, make the mistake system to reform radically.In our country, the mistake system legislation simple, is ambiguous, is disadvantageous to the actual operation. According to two law systems mistake system analysis comparison, has the necessity to carry on very much to the our country mistake system legislates again construct, causes it to manifest the system original intention, the trend of the times and with international connects rails, displays for our country market economy construction its should have the function.