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A Study On Major Misunderstanding System Of China

Posted on:2020-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiFull Text:PDF
GTID:2416330599953888Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Chinese Civil Law learns from the essentials of German Law.Error is defined as a gross misunderstanding in the expression of meaning.Was this intentional or an error in the inheritance process? There's almost none about the concept of error and misunderstanding in the relevant books of Chinese scholars.It shouldn't be an issue as China's judicial works have become familiar with this expression and there's no ambiguity in the actual application.But the right distinction between error and misunderstanding is good for the past and good for the present.At present,our country is compiling the Civil Code.After the general provisions of the Civil Law was promulgated,there has been no major change in the system of gross misunderstanding.The time of the tight of rescission was shortened to three months.This article will start from its historical evolution.In order to find the rule of law that suits the situation of the country,we should compared to the Common Law and Japanese Civil Law in the light of our national conditions.To achieve win-win Outcomes and protect the interests of all parties,we have analogical reasoning on the basis of systematizing the relevant laws.Compare different statements and combine the characteristics of our country to establish a relationship between mistake and misunderstanding in our Civil Law System.We should summarize the general rules and make clear the determination of the principle of relief.From a whole new perspective we can give reasonable advice and provide a useful reference.For a fair trial and the legitimate rights and interests of the parties concerned.
Keywords/Search Tags:Gross misunderstanding, Intention, Error, Revocation Rights, Autonomy of Private Law
PDF Full Text Request
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