论文部分内容阅读
现代意义上的民法通过意思表示来实现私法自治。而私法自治要通过自由的意思表示在法律行为之上才能发生法律上的效力。民事主体所追求的法律效果一旦获得法律的认可,法律便按照意思表示的内容赋予法律上的保护力。然而,意思表示产生于人的内心而表现于外,因此常会因为内外的不一致而导致意思表示产生瑕疵。意思表示的错误便是其中的一种。意思表示错误违反了私法自治的原则,对它进行研究,进而加以救济是一个必然的发展趋势。
The civil law in the modern sense realizes the autonomy of private law through the expression of meaning. However, the autonomy of private law should be freely expressed as a matter of legal validity. Once the legal effect pursued by the civil subject is recognized by the law, the law gives legal protection according to the meaning expressed. However, the expression of meaning arises from the innermost part of the human being and manifests itself outwardly. Therefore, it often happens that the expression of meaning is flawed due to internal and external inconsistencies. One of the mistakes of meaning is one of them. The meaning expression of error violates the principle of autonomy of private law. It is an inevitable trend to study it and then to provide relief.