Contract Error System Research

Communication and negotiation which belongs to the notion of discussion is a undivided process for conclusion of a contract. Generally speaking, Contractual mistake means everything which is untrue or inaccurate understanding in the process of communication and negotiation. The mistakes in the contract make the discussion indecent and prevent both parties from reaching a consensus. The loss of the justice foundation in the construction of consensus leads a contract into a situation o f illegitimate. The contract law is justified for curing the mistake for the illegitimacy mentioned above.The remedies for the contractual law in German and French law are based on the willing theory, which focus on the protection in freedom of willing express. While Anglo-American system is in the preference of safety of deal, thus the relative person enjoys priority. The DCFR, as a newly fruit of private law harmonization in EU shows a dialectic style, which decides the responsibilities shoulders of contractual mistake from the angel of who makes mistakes. Externally, the divergences of these systems are from different law techniques; however, in essence they are the reflection of several of value pursuit.Anglo-America contract law is based on political idea of utilitarianism, holds the belief of adversarial, either party of a contract makes take advantage by the other parties" mistake. While for German and French lawyers, this concept is totally unacceptable. Under the influence of Communitarianism, private law in the continental countries has been experienced a reform from pure individualism to a bit of socialism, the notion of co-operation is on a prior place. The DCFR, which inspired by Postmodern Philosophy, is in pursuit of value diversification so as to reach a higher level social justice.Although the notion of mistake has not been adopted by civil law in our country, the severe misunderstanding shares some identical functions with mistake rules in private laws from foreign countries. In comparison with rules in other systems, severe misunderstanding shows several defects obviously. Some systematic problem exists for limit meaning of this notion, and willing expressers hardly can get remedy for high threshold, meanwhile protection on relative persons are pretty weak. These defects prevent rules working functionally, thus it’s in a emergence to fix the system.It is essential for the legislators to reconstruct the rules on the basic of current situation of Chinese contract law and general principles of civil law. We may adopt some good details from the mature modern rules to construct a frame which is perfectly matched to the native law. It is infeasible to copy rule or adopt the modern system directly from other countries.