The Comparison Of The Regulations On The Declaration Of Wrong Will

As one of the founding elements of contract,declaration of will has its special status.In the civil law,the legal system of wrong declaration of will,which is standard and basis for the relief and regulation of the corresponding civil behaviors,plays a decisive role and contains three principles:self-autonomy,the protection of personal trust and transaction safety,correspondingly relates to individual interests,social interests,the interests of market economy system.This article,through analyzing from the specific cases to general theory to introduce the theory of measurement of interest into the legislative fields,which ever applied in the judicial fields.From this view,analyze the similarities and differences of three legal systems(including PICC,the legal system of wrong declaration of will of mainland and Taiwan of China),which respectively represent Anglo-American law system,Continental law system and the nature of the transition characteristics,thus identifying the value and defects of our legal system,and reconstructing and perfecting our corresponding rules.This paper begins with the legislative spirit of the legal system of wrong declaration of will based on the theory of continental law system and Anglo-American law system,and then evaluate and compare the PICC,the legal system of wrong declaration of will of mainland and Taiwan of China,and by setting up three cases as a primer,analyze three cases to find the best distribution plan among the conflict of interests.By comparing the application of the three legal system,we can realize the strengths and weaknesses at the legislative level,which will provide a reasonable basis for the improvement of legislation of the relevant system,supplement our current system,and help us to become more competitive into the globalization of commercial transactions.The specific structural arrangement is as follows:the first chapter is the Introduction part,it is mainly a sweeping overview of the theoretical basis,the feasibility of the research,logical framework and the innovation in this paper.The second chapter is about Reading into the Statutes-Legislative logic behind the three legal systems.In this chapter,I selected representative PICC,civil law in mainland and Taiwan area,through four aspects:the commercial subjects,subjective status,content of wrong will and relief way,I got the comparison results of the study,thus obtaining the similarities and differences among the three legal norms based on the different starting point of interests.The third chapter is about Case Inquiry-the Cases of wrong declaration of will and the expansion of interests level.Through abstract law analysis into exploring specific cases,based on the analytical research from chapters above,combined with cases applicable conditions,classify deconstruction through the interest measure theory into different commercial subjects such as B to B,B to P,P to P,thus finding the optimal allocation plan which can improve the overall interests from three kinds of cases involved different interest groups under the different starting point of interests,judging the advantages and disadvantages of three norm system.The fourth chapter is about Defects and Improvement of the existing system of serious misunderstanding.Based on the two chapters above,from abstract law to specific case,from the legislative level to the judicial application of contrast research to explore the insufficiency and flaw existing in serious misunderstanding system,mainly displays in:Legislative language is not standard;The type of declaration of wrong will is incomplete;The commercial subject who makes the wrong will doesn’t have reasonable restrictions;The design of the relief rules is lack of effectiveness;Not distinguish the B to B,B to P,P to P legislation applicable under different trading patterns,etc.Based on above,this chapter uses the results of comparison and measurements and provides our serious misunderstanding systems a feasible solution.All in all,through the research above,we can finally get some precious experience for improving the relevant systems.