Legal Interpretation Of Article 147 Of General Provisions Of The Civil Law

In today's society where the division of labor is becoming more and more refined and transactions are increasingly developed,legal acts as an important means for people to fulfill their rights and obligations.Its role is irreplaceable.The establishment of legal acts is based on how the parties understand and expect the objective world.Whether the legal actions made due to misunderstanding can be revoked and how to balance the contradiction between the "private law autonomy" and "transaction security" are two big problems which the legal profession needs to solve.The article 147 of the "General Principles of Civil Law" newly formulated by China stipulates that the actor has the right to request the people's court or arbitration institution to revoke the civil legal acts based on major misunderstandings.Although the provision is a complete law in terms of external form,the term “significant misunderstanding” itself has uncertainties.So there are still legal loopholes in the authorization supplement.This article will elaborate on the misunderstandings from the perspective of interpretation theory.The full text is divided into the following six parts:The first chapter introduces the research significance,research status and research methods and contents of this thesis.The second chapter of the "General Principles of Civil Law" Article 147 major misunderstanding of the controversy of the interpretation of the controversy,through comparative analysis of the study of many civil law countries represented by Germany how to distinguish between "misunderstanding" and "error",this article points out China's "People's Opinions" Article 71 has a conflation on this issue.The interpretation of the misunderstanding violates the interpretation requirements of the legal text,and the legal text is applied to the legal text to fill the loopholes.The third chapter defines the extension of major misunderstandings from the perspective of interpretation.At present,China has two mainstream views on this issue,namely “Monism” and “Dualism”.This chapter compares the advantages and disadvantages of these two mainstream interpretations.This paper believes that according to the legislative attitude of Article 147 of the General Principles of the Civil Law,it is not difficult to see that the monism gradually replaced the dualism and gradually occupied the general status.Chapter IV Major Misunderstandings The specific explanations under the monism theory are based on the explanation of the principle of revocation first,and the value supplement and the analysis of the constituent elements of the “major misunderstanding”.This paper argues that when there is doubt about major misunderstanding,it should be interpreted legally rather than directly.To apply for revocation,the identification of major misunderstandings should adhere to the five essentials.Chapter 5 explains the legal effects of major misunderstandings under “Monism”.This chapter mainly analyzes the change of remedies.One of the biggest changes in Article 147 of the General Principles of Civil Law is the abolition of “right to change”."This paper believes that the right to change should be conditionally abolished on the premise of retaining some special circumstaes.Tnche sixth chapter deals with the application and amendment of the major misunderstanding rules in Article 147 of the General Principles of the Civil Law.This chapter begins with the main misunderstanding of the effectiveness of the right of revocation,the exercise of the subject,the mode of exercise,the subjective state and the self-rescue mode of opposing people against this right.Analyze one by one.This paper believes that the right of revocation of major misunderstandings needs to be supplemented and interpreted by law,and restricted and regulated.