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民法上的错误制度同时涉及到私法自治、信赖保护及保护交易安全三大原则,在理论上极有研究价值。就我国现行错误制度来看,很大程度上沿袭了大陆法系理论,但在继受的内容上由于是不完全引入导致存在一定的概念模糊、体系混乱等弊端,使得实践操作中存有诸多缺陷。随着交易类型和交易主体的多样化,实践中对法条的完整性和操作性要求也越来越高,本文将以PICC、台湾以及大陆地区错误制度作为切入点,并对三者进行比较研究,以期辨明我国重大误解制度的理论价值与缺陷,并为构建我国民法中的错误制度获取宝贵经验。
The error system in civil law also involves the three major principles of private law autonomy, trust protection and protection of transaction security. It is of great research value in theory. As far as China’s current system of errors is concerned, the theory of the civil law system is largely followed. However, due to the incomplete introduction of the contents, there are some shortcomings such as ambiguity in concept and confusion in the system, resulting in many problems in practice defect. With the diversification of the types of transactions and the main body of transactions, the integrity and operability of the law in practice are also getting higher and higher. This article will take PICC, Taiwan and the Mainland as the starting point for error system, and compare the three Research, with a view to identifying the theoretical value and defects of China’s major misunderstanding system and gaining valuable experience for the construction of the wrong system in China’s civil law.