Mistake and Its Use in Civil Law Theory as a Ground for the Avoidance of Contracts Cover Image
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Към понятието за грешка и гражданскоправните теории за едноименното основание за унищожаемост на договорите
Mistake and Its Use in Civil Law Theory as a Ground for the Avoidance of Contracts

Author(s): Angel Shopov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The author discusses two aspects of mistake. The first one concerns the general linguistic meaning and definitions of mistake given by other fields of science (especially philosophy and psychology). Then the article focuses upon their impact on the legal interpretation of mistake as a defect of consent. In the second part the author then presents legal views on mistake as a ground for contract avoidance. The views are classified in two groups. Group one encompasses subjective theories whereas the second group offers objective theory. Theoretical explanation goes along with a re- view of the influence of each group on domestic doctrine and case law. In conclusion, the author states preference for the subjective combination theory which addresses the legal aspects of mistake as defect of consent and considers mistake if and only if it conjoins misbelief and erroneous conviction both relating to facts relevant to the contract. In addition, if the abovementioned defect of con- sent exists, one should also apply the conclusions of some objective theory. Its use as interpretative principles of legal acts plays a supplementary role in scrutiny.

  • Issue Year: L/2009
  • Issue No: 4
  • Page Range: 17-34
  • Page Count: 18
  • Language: Bulgarian