论动机错误

Research on motivation mistake

通常来说,动机错误并不属于典型错误的内容,因其并未出现意思与表示不一致,故其并不影响意思表示效力。然对此不能一概而论,倘动机错误得以表诸外部成为行为之附款,则应视为内容错误;倘当事人双方皆产生动机错误,则应适用行为基础障碍予以规制,风险由双方共同承担。性质错误,作为动机错误的例外,法律赋予当事人以撤销权。《民通意见》第71条对重大误解制度进行了规制,其中应解读出性质错误。动机错误的研析,着实有利于我国未来错误制度之完善。

Generally speaking,motivation mistake does not belong to real mistakes,because the intention and expression are not inconsistent in this circumstance.There-fore,there would be no influence on the effect of the intention and expression.However,this conclusion is not absolutely right.When motivation mistake is shown outside and to be a part of the content of the act,it should be regarded as the content mistake;when both parties are under motivation mistakes,the rectification would be used,both of i whom jointly take the risk.Because of the nature mistake,which is an exception of the motivation mistake,the actor can revoke his declaration of will Significant misunderstanding system has been incorporated into our current legal system.The Article 71 of the Opinions on Certain Issues Concerning the Implementation of the General Principles of the Civil Law should include motivation mistake.The research and analysis on these questions would be beneficial to our Mistake System in the future.