Case Study Of Contract Dispute Caused By Wrong Description

The contract dispute cases caused by wrong description refer to contract disputes arising from the inconsistency between the parties’ true will and written expressions.Legal proverb "wrong description does not harm the true meaning" is closely related to "wrong description",which originates from German civil law theory and is one of the principles of contract interpretation.There is no clear stipulation in the current legal norm of our country about wrong description and the rule that wrong description does not harm the true meaning,but the expressions of "wrong description" and "wrong description do not harm the true meaning" have frequently appeared in the plaintiff ’s reason for prosecution,the defendant ’s defense and the court in recent years.The number of the contract dispute cases caused by wrong description in China has gradually increased from 1 in 1999 to 120 in 2021.The overall the contract dispute cases caused by wrong description show the characteristics of a high rate of revision,second instance,and retrial.In order to observe the fact determination and legal application of wrong description in more detail,this paper selects 6 typical cases,and through comparative analysis,it is found that the courts have major disagreements on how to judge these cases.These differences can be summed up in two aspects: evidence identification and legal application.The former refers to the different importance of evidence in the identification of wrong description;the latter refers to four different adjudication modes in the case of wrong description of contract disputes.Reason for the divergence in the finding of evidence is that the courts have inconsistent cognition on the finding of wrong description.In the process of wrong description determination,some courts regard the wrong description determination as a factual issue,while others regard it as a legal issue.In its essence,wrong description of justice belongs to the interpretation of the expression of intent,and there are both factual and legal issues.Therefore,the adoption of evidence should be discussed in sections.At the factual level,only evidence that is closely related to the case is adopted,and the "existence" of evidence is the key.In this case,evidence should play a key role in the determination of wrong description.In legal matters,evidence only plays an auxiliary role in the determination of wrong description.There are objective and subjective reasons for the differences in the application of law.The objective reason is mainly that there is no clear provision for wrong description in the current legal norms,and the subjective reason is that the courts have different risk allocations for expressions of intent.The court’s judgment on the contract dispute cases caused by wrong description should follow the following ideas: examine the use of evidence in sections;choose the applicable legal norms in the order of evidence rules,interpretation rules,validity rules,and supplementary interpretation rules.