Accountability For The Mistaken Message

Along with economical swift development and technical level changing with each new day, the people carried on each kind of legal act the way also to have the very big change, specially was concluding the contract aspect, more and more people no longer used traditional the way face-to-face to conclude the contract, but transmitted own meaning through a middle medium. In this non-conclusion of the contract face to face manner, will often mean that there is a process of transport, especially in the authority by communicating the message conveyed by people or circumstances, there is a risk that it will:Because of the messenger or transmission institution own mistake, causes to the messenger or the transmission institution convey to receiver's meaning to be different with the meaning expression person, this is the so-called transmission mistake.transmission mistake belongs to expression of intention mistake. In theory, ttransmission mistake that belongs to revoke the contract, mainly because of communication that people who should be attributed to ideographic. Many countries, the provisions of Civil Code also clearly send the wrong can be revoked, and use error rule, people give meaning to relief tables.Regarding the transmission mistake related question, our country legislates also for to be possible at present to abolish its limits the contract, but compares with other countries, actually has many differences. Our country legislated to stipulate merely regarding the meaning expressed between the person and receiver's rights and obligations relations, to the meaning expressed the human with transmitted the person or the transmission institution's rights and obligations relations has not involved. Specially the responsibility which produced wrongly regarding the transmission undertakes the question, our country legislates only to stipulate the meaning expressed the human undertook responsibility, but the stipulation has not transmitted the legal liability which explicitly the messenger or the transmission institution should undertake, namely regarding because like this transmitted the messenger or the transmission institution's mistake creates the transmission mistake, its disadvantageous consequence by the meaning expressed that the human undertook to the receiver, the existence mistake's transmission person or the transmission institution actually did not need to undertake any responsibility to own error. Moreover our country's transmission mistake limits merely to the voluntary transmission, mistake has not made the corresponding stipulation regarding other situation's under transmission. This does not favor the maintenance meaning to express that person's legitimate rights and interests, realize in legal fair and the unjustness, simultaneously this is also our country legislates on an obvious crack and the insufficiency. Along with our country market economy development, between people's transaction are also getting more and more, the use transmits the human or the transmission institution carries on the meaning transportation's opportunity also to be able to be getting more and more. Therefore constructs our country's transmission mistake responsibility to undertake the system, divides the transmission mistake scope, under the discrimination different its situation transmission mistake thought responsibility undertakes, as well as stipulated explicitly the table Italy person's relief matter and the compensation scope also become more and more important. Not only this to our country market economy's health, fast, the safe development is of great help, simultaneously to consummates our country to legislate also to have the great.