合同错误的比较法研究

错误是影响合同当事人意思表示真实性的核心要素,也是判定合同效力的重要条件。各国民法对合同错误概念的不同界定和处置规则,导致合同效力的确认和处理结果迥异。尽管存在错误的合同理应得到法律的适当救济,然而救济的后果并非取消所有因错误而签订的合同之效力。作为一项原则,单方错误的合同、表示方有过错的合同和一方自愿承担风险的合同,其效力均不应被否定,但这一原则的适用又受制于适当的条件。对于合同错误的处理规则,各国的法律规定与司法实践并不完全一致。

A Comparative Legal Research on Contract Error

Mistakes is the pivotal element to be influencing parties' expression of intention, and an important condition to judge the validity of contract. There are different definitions and rules of contract mistakes in different countries' civil law, which result in great differences on validating and judging contract validity in different countries. Law should provide appropriate relieves for mistake contracts, but the result of relieves doesn't abrogate the validity of mistake contracts. As a principle, unilateral mistake contracts, contracts with expresser' s mistake and contracts which unilateral party shares of risk voluntarily, the validity of these shouldn' t be denied. The application of the rule would be restricted with appropriate conditions. Countries' regulation and judicial practice are different on settlement of contract mistakes.