错误与误解制度比较研究

A Comparative Study Between Mistake and Gross Misunderstanding

以德国为代表的继受大陆法系立法规范的国家均继受意思表示错误制度。我国法律对错误和重大误解未加以区分,在立法规范和司法实践层面出现适用困难的情形。从术语内涵和法律效果两方面考量,我国在今后制定民法典时应当确立意思表示错误制度。

Following continental legal family represented by Germany, all the countries on the legislation standard accept the system of statement flaw. In the legal system of China, the two terms, mistake and gross misunderstanding, are not distinguished, causing the difficult situation of application at the levels of legislation and judicial practice. China＇ s future civil code to be established should take the system of statement flaw as regards the connotation of the term and its legal effect.