论合同法上的重大误解

依据中国合同立法相关条文规定,因重大误解而订立的合同,当事人一方有权请求人民法院或仲裁机构撤销或者变更,但中国立法对于如何理解重大误解的内涵却缺乏明确规定。通过参照大陆法系各国民事立法相关规定的前提下,认为中国合同法中的重大误解制度必须建立在严格区分错误和误解的基础之上,并且重大误解只能是具有特定含义的法律用语,其内涵应界定为错误。在认定合同是否成立上,应适用解释优先于撤销规则,此基础上,还提出了因重大误解而撤销合同的构成要件,同时认为在法律后果中表意人只能依重大误解撤销合同而不能变更合同。

Research on Significant Miunderstanding of Contract Law

According to the relative provisions of the contract law,either of the parties is entitled to ask the People＇s Court or an arbitration institution for amendment or cancellation of the contract which is made on the basis of significant misunderstanding. But there is no specific regulation about how to understand the meaning of the concept of significant misunderstanding in the legislation. On the premise of referring to the relevant laws and regulations of civil law countries,this paper suggests that the significant misunderstanding rules should be based on the fact of telling the differences between the mistake rules and the misunderstanding rules,and significant misunderstanding is merely the legal terms which represents special meanings,and exactly,its meaning is not identified with the misunderstanding but with the mistake. To confirm if the contract has been set up,interpretation rules have precedence over cancellation rules. Based on this,the paper presents the constitutive requirements of the canceling contract due to significant misunderstanding,and it also suggests that the representive can only cancel but not modify the contract according to the significant misunderstanding.