The Research Of Intention Expressed Error In Civil Law

The system of the error intention expressed has a pivotal position in the world of civil law.It is also closely related and mutually compatible to these core institutions of the civil law system,such as legal act and declaration of intension.The significant misunderstanding system in our country has the same legal connotation and regulatory purpose with the system of the error intention expressed in the traditional civil law.This paper attempts to analyze the monism and dualism of the system of the error intention expressed,and puts forward some suggestions for guidance and reference to the significant misunderstanding system in the civil law norms of our country.This paper expounds and analyzes the system of error intention expressed in five parts.The first part introduces the historical background,theoretical significance,practical significance,research methods and the innovations of researching the error intention expressed.The second part introduces the composition of the intention expressed and the types of the error intention expressed.The third part expounds and analyzes the meanings,advantages and disadvantages of monism and dualism respectively,and introduces the error intention expressed of common law system and the European Community.The fourth part introduces the current situation of China's the system of the significant misunderstanding,and on this basis,discusses and explains the relationship between "misunderstanding" and "error",and puts forward the following questions: 1.The boundary of the significant misunderstanding is unclear;2.The ambiguity of the theoretical positioning of the system of the significant misunderstanding;3.The ambiguity of the conditions of the right of revocation.The last part of this paper puts forward three suggestions on the existing problems of the system of the significant misunderstanding in China: 1.Defining the scope boundary of the significant misunderstanding;2.Defining the theoretical orientation of the significant misunderstanding;3.Specifying the conditions of the right revocation.At present,The General Principles of Civil Law of our country have just been implemented,meanwile The Civil Code is in the process of being codified.By analyzing and expounding the system of the error intention expressed of the theory of civil law,this paper will put forward some suggestions on the system of significant misunderstanding under the current legal norms of our country.