Research On The System Of Expression Mistake Of Intention

In daily communication, people inevitably require meaning expression, however, the mistake of expression of intention will appear due to various subjective and objective reasons. The expression of intention mistake means the unintended inconsistency between inner meaning and external expression, then, whether the litigant still need to be constrained by such false legal act when facing the mistake? If not, how to protect the interests of the relative person? Thus a proper balance is needed between the autonomy of private law and the trust interests of the counterpart.Even though the relevant legislation exists in our country and the judgment in judicial practice also quotes relevant current regulations, using significant misunderstanding to cover the expression of intention mistake is quite controversial in the theoretical cycle, along with many defects in law. Therefore it is necessary to make further research and improvement on the system of expression of intention mistake aiming at the shortcomings of our regulations. This article is divided into four chapters:Chapter one traces the historical evolution of system of intention mistake, shows the development and final form process of the system after germination of Roman law. It also studies the legislative style between Two Legal systems on expression of intention mistake from a comparative point of view, and reveals the reason of different choices of legislative style between Two Legal systems as different interests tending to protect.Chapter two lists and compares different classification standards on system of expression of intention mistake between Two Legal Systems.Chapter three mainly introduces the remedies that different countries take after expression of intention mistake. In a few cases, actor can revoke his intention expressed, after which he needs to take responsibility of trust compensation. In addition, actor can take way of modification of contract but could not abuse the right of rescission and modification of contract due to harsh conditions.At last, this article makes a comment on both existing law and its defect of system of expression of intention mistake in our country. On the basis of the above conclusion, several refactoring opinions on legislation on system of expression of intention mistake are proposed.