摘要
错误是对合同赖以订立的事实的不正确假设。错误制度的调整对象不应包括误解的情形。仅以错误的严重性或程序公正作为救济条件的传统做法受到批评。错误得否救济越来越取决于多种因素的综合作用。
Mistake is a kind of incorrect hypothesis about the facts on which the formation of contract depends. The state of misunderstanding shouldn't be included into the adjusting object of Mistake system. The traditional way to regard the gravity of Mistake of the justice of procedure as the sole condition of relief has received its criticism. Whether the Mistake can be relieved increasingly depends on the comprehensive function of many factors.
出处
《法律科学》
CSSCI
北大核心
2000年第6期51-65,共15页
Law Science (Journal of Northwest Institute University of Politics and Law)
