Анализ на новата съдебна и арбитражна практика по унищожаемостта на договорите, сключени поради грешка
Analysis of recent judicial and arbitration practiceon contracts'avoidance made by mistake

Summary/Abstract: Firstly, the analysis aims to remind of legal requirements concerning the relevance of defect of will. The author briefly sketches Bulgarian theoretical views and the legislative background of mistake in contract formation. In brief the author shares the civil law system's opinion that an erroneous psychic fact determines the legal relevance of mistake. In addition, the legislative basis of the particular avoidance reason is Article 28 of Bulgarian Law of Obligations and Contracts. Secondly, the author traces judicial and arbitration statements. The structure of analysis follows the subject matter. These acts mainly discuss the relevance (or irrelevance) of different kinds of mistake. So, the study concerns cases of classical types of mistake as error in obiecto, in persona, in motives, in causa, etc. It also scrutinizes judicial and arbitration acts which discuss the more complicated application of this defect of will as a mistake created by language incompetence or that of an erroneous belief, caused by a breach of contract.

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