论意思表示错误中的“性质错误”

On "Quality Mistake" in Mistakes of Meaning

私法自治强调的是当事人以自己的意思发生私法上的权利和义务关系,所以法律行为就是实现私法自治的最佳手段。作为法律行为核心要素的意思表示的完整、无瑕疵,便成为私法自治的重要因素。但是,法律如何在意思自治和交易安全的矛盾中做出价值判断和选择,就显得尤为重要。性质错误作为一种特殊的动机错误,在法律的价值判断中起着至关重要的作用。

The autonomy of private law stresses that the jural relations in private law are based on the autonomy of parties＂ will, hence legal acts are the best means to realize autonomy of private law. As the core element of legal acts, complete and flawless declaration of will is a very important factor in autonomy of private law. However, in face of the conflict between autonomy of will and security of transaction, it＇s getting more important for the law to make the value judgment and choice. ＂Quality mistake＂, as a special motive mistake, plays a very important role in the value judgment of law.