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《合同法》规定了因重大误解订立的合同,但没有设定相关的具体规则。如何认定因重大误解订立的合同,是当前理论和实践中迫切需要解决的问题。作者从对误解的涵义出发,对构成重大误解的条件、误解的内容、重大误解的可宽宥性、放弃撤销权的行为等问题阐释了自己的观点。
The Contract Law provides for contracts that have been made due to major misunderstandings, but does not set specific rules. How to identify a contract that has been concluded due to a major misunderstanding is an urgent issue to be solved in current theory and practice. Based on the conception of misunderstanding, the author explains his own point of view on the conditions that constitute a major misunderstanding, the content of misunderstanding, the leniency of major misunderstandings and the abstention of the right of withdrawal.