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争执对象错误不得撤销系基于和解合同之效力,乃解释和解合同典型效力的合同解释的结果,即使无类似我国台湾地区“民法”第737条:“不得以错误为理由撤销之”的明文规定,亦应为相同的解释。反之,和解基础错误应在什么条件下予以什么救济,并非和解合同拘束力的问题,而系于立法者利益衡量与价值判断,立法者尚未明示前,不妨通过个案和解合同解释,判断当事人是否有以一定和解基础之存在或不存在为条件之意思。足以影响和解合同效力的和解基础事实,应具有重大性,亦即基础事实之共通错误与和解之成立须在客观上及主观上有因果关系。
It is the result of interpretation of the contract for the typical effect of the settlement contract even if there is no clause 737 similar to “Civil Law” of Taiwan in our country: “No revocation on the ground of mistake” The express provisions of the text should also be the same interpretation. On the contrary, what kind of relief should be given to the basis of the settlement should not be the issue of binding the contract. Instead, it is the measure of the interests of the legislator and the judgment of the value. Before the legislator has not stated yet, it may be helpful to judge whether the parties have It is conditional on the existence or non-existence of a foundation of settlement. The basic fact of reconciliation sufficient to affect the effectiveness of the contract settlement should be of great significance. That is, the common mistakes and the establishment of the reconciliation of the basic facts must be objectively and subjectively causally connected.