论合同法中重大误解制度之适用-民商法学专业论文.docxVIP

1 1 Abstract As the process of specialization of social division and development of transaction carries on, the function of contract becomes more irreplaceable in our modern world. The conclusion of a contract is always based on the party’s cognition and expectation of the objective world. Whether a party has the cancellation right when a contract is concluded by his misunderstanding becomes one of the most difficult issues in the discussion of the contract law. This paper discusses mistake in contract law from the perspective of interpretative theory. The first part of this text focuses on the course of the forming of intent-indication, to accurately locate the position of a mistake, analyze the state of interests between the parties, and explain and implement the provisions of the current law. The second part focuses on the premise of the application of the mistake system, the interpretation of the contract. Only if we make a reasonable interpretation of the contract, can we determine the contents of the contract. The third part focuses on the constitutive elements of a mistake. There are two constitutive elements of a mistke: First a party misunderstand the content of a contract when entering into it; Second, the error must be important. The fourth part focuses on mistakes in expression and the transmission error. Chinese civil law does not make provision for mistakes in expression and the transmission error. This paper argues that in the case of mistakes in expression and the transmission error, the party has the right to rescind the contract. The fifth part focuses on the expansion of the application of the mistake system - stylization of motivation error. Principle of good faith is the most fundamental principles of civil law, on which we should based in the stylization of motivation error. The sixth part is the conclusion, a brief summary for the above discussion. Key words: mistake; interpretation and implied terms in contract law; good faith; mistake in mot