论缔约中意思表示错误及其救济制度

缔约中的意思表示错误是指表意人基于自身认识能力的有限性与客观世界的无限性的矛盾,在缔约过程中对订立合同所赖以的基础客观条件产生错误认识,致其在内在意思形成时或意思表示传递时发生主客观的不一致.各国或地区的法律均对陷入意思表示错误的当事人予以救济,准许其撤消合同或主张合同无效,但同时规定对意思表示错误的救济不得使任何一方因之有不当得利情事的发生.

On Expressing Mistakes of Meaning and Its Reparation in Contradiction

Mistake is a sort of reverse recognition because of the contradiction which happens as the intention conveyer's limited cognitive ability compares with the extensive world in the course of the formation of internal significance or occasionally in convey about the basic objective conditions on which the foundation of contract depends. If he does know the facts he would not create this internal meaning. Mistake is defined as the subjectivity disagreement with the objectivity because of well meaning conveyer's unknown or mistake .However error is different from misunderstanding and in any other context the occurrence of unjust enrichment during the relief of mistake must try to prevent.