On The Remedy Of Motivation Error

The system of major misunderstanding in our civil law is equivalent to the system of meaning error in comparative law,In the traditional civil law,there are two different relief modes for motivation errors: one is the "dualism" relief mode,To distinguish between motivational errors and representation errors,Motivation errors are not relieved in principle,Only exceptional types of motivational error can be remedied,Among them,China theoretically supports more German legislation,Take the two motivational errors of "the nature of the object" and "the other party’s qualification error" as exceptions;The other is the "monism" relief model,Do not distinguish between motivational errors and representation errors,With a unified constitutive element,Any wrong motive is a remedy.China’s major misunderstanding system has not been clearly stipulated on this issue in the legislative process,which leads to the controversy in the academic circle,and the inconsistent position of the court in judicial practice.From the perspective of the whole process of the expression of meaning,motivation errors occur in the formation stage of the expression of meaning,while the representation error occurs in the external expression stage of the expression of the expression of meaning.The two can indeed be regarded as different types of errors,but it is unreasonable to distinguish the relief on this basis.First of all,the expression of meaning is a dynamic and complex process.The formation stage of meaning and the external expression stage of meaning are not simply divided by a fixed time point,so it is difficult to clearly distinguish the two stages,which leads to the problem of distinguishing between the motivation error and the misrepresentation.Second,to distinguish between motivation error and the error of one purpose is to protect the relative person trade trust,but this purpose cannot be achieved,the reason is that the motivation hidden in the meaning of the person’s heart,the relative person cannot detect,and motivation error differ,if the motivation error protection will damage the relative person trade trust,so similarly,said error also differ,relative person can detect is apparent behavior,for the behavior whether there is an error,relative person is unknown,so whether in motivation error or wrong case,relative person are likely to have trade trust.In addition,to distinguish between motivation error and error is an important reason is motivation is not mean the constitutive elements,and motivation is not important,also nature can not affect the effectiveness of the meaning,but motivation is the decision basis,when the decision basis is error,can not be granted that the result of the decision is the inner meaning,decision-making process is not flawed.Therefore,it is not reasonable to adopt the "dualism" relief mode for the wrong motivation,and the "monism" relief mode is also feasible in the interpretation theory under the current effective civil law system in China.From the perspective of literary meaning,it is not wrong to interpret the "wrong understanding" in Article 19 of the judicial interpretation of the General Provisions of the Civil Code as including the error of both the stage of meaning formation and the stage of expression of meaning.From the perspective of system interpretation,there is also the expression of "wrong understanding" in the provisions of Article 21 of the judicial Interpretation of the General Provisions.Based on the consistency between the external system and the internal system,the "wrong understanding" in Article 19 can also be interpreted as errors in the formation stage of meaning.From the perspective of purpose interpretation,in terms of the purpose of the major misunderstanding system,the exception remedy is not unreasonable,and there is no sufficient reason to prove why the motivational error type of the exception remedy is more worthy of protection than other types of motivational error.However,the proposition that the "monism" relief mode for wrong motivation does not mean the relief for any wrong motivation.The major misunderstanding system also limits on the scope of relief for wrong motivation.The main restriction requirements are "the significant element of wrong motivation" and "the attributable element of the counterpart".In addition,in the motivation error of both parties,both parties fall into the same wrong understanding of the same matter,which is different from the unilateral motivation error.Therefore,in the application of these two elements,both parties’ motivation error has special features in the specific application.