民法中意思表示错误的构造

The Structure of Mistake in Declaration of Intention in Civil Law

为了贯彻私法自治和保护交易安全,意思表示错误应区分为表示错误与动机错误。表示错误可导致法律行为被撤销,但应采纳理性人判断方法和可归责性理论对撤销权予以限制;而动机错误一般不会导致法律行为被撤销,只有重大的动机错误才被视为表示错误。动机错误是否重大不应局限于交易上认为重要的性质错误,而应由法院依据利益衡量方法裁判。这种错误的区分模式适应了当今信息社会的需要,具有重要的实践意义。我国民法上的重大误解制度属于错误的一元模式,应当予以变革。未来我国民法典应在区分模式的基础上构建意思表示错误制度。

In order to implement private autonomy and protect the security of transac- tions, mistakes in declaration of intention should be divided into mistake in declaration and mis- take in motive. The former may lead to rescission of legal acts, but the rescission right should be restrained by the doctrines of reasonable person and imputability, whereas the latter has no influence on the validity of legal acts, except that substantial mistake in motive is considered as mistake in declaration. Mistake in motive should not be confined to major mistakes in substance that are generally thought as significant in transactions, but should be determined by the court through the balancing of various interests. This distinction mode of mistake meets the require- ments and incorporates vital practical values of modem information society. Thorough reform needs to be carried out on the significant misconstruction system in Chinese civil law, which is based on the monist mode of mistake. The system of mistake in declaration of intention in the future Chinese Civil Code should be constructed on the distinction mode of mistake.