នីតិកាតព្វកិច្ច

ប្រភព​៖ http://en.wikipedia.org/wiki/Error

ERROR

In contract law , the error is a false representation of an element of contract by either party. The belief of this part does not correspond to reality, but nevertheless led to the conclusion of a contract if flawed. The error is with the fraud and violence , one of the three vices of consent .

The pronunciation of a nullity by the court has two approaches:

  • safeguard of consent of one who was wrong;
  • ensure stability of the contract by not allowing a cancellation too easy.

The different types of errors

The error-obstacle

“This is not a contract is a misunderstanding” (Planiol)

The error is a serious obstacle as an obstacle to the same meeting of minds.

It may relate to the nature of the contract ( in negocio error ) or the contract ( error in corpore ).

  • Error in negocio: one thinks rent a room while the other side of the “rents” think buy the property (lease and sales contract)
  • Error in Copora: one sells his car and the other is thinking to buy a motorcycle (under contract of sale but failed)

This error causes the absolute nullity . For case law, the contract never existed by retroactivity.

The error vitiating consent

  • It is primarily an error on the essential qualities of the thing . Article 1110 of the French Civil Code defines this type of error. To be considered a vice of consent, this error should fall on the substance of the object. Restrictively understood, this corresponds to the material of which the thing is done. Gradually, the courts have extended this concept to encompass the essential qualities , that is to say, a quality of something that was considered by the contractor as motivating his consent. Three conditions are necessary to implement the invalidity of this type of error:
  1. It should prove an error since the famous case of Chick 1
  2. We must prove that the error relates to the essential qualities
  3. We must prove that this error was critical of the consent
  • It can also be a mistaken identity. In principle, this error is immaterial unless the contract was entered into a personal basis .

To be accepted, the error-vice of consent must have certain characteristics: it must be excused , that is to say that the analysis of the situation did not allow the contractor to notice (this criterion is assessed in concrete , the ability of every person varies according to personal knowledge, age, profession, etc.)..

The error indifferent

The error is an error indifferent covering the secondary characteristics of the object, not critical to the formation of the contract. It is not sanctioned. It can be the value or on the grounds of the contract. If the reason the contract was the subject of an express stipulation, then exceptionally, the error will be punished indifferent.

The implementation of the sanction of the error

For the convention marred by error is canceled, the error must have the character of excusable. The wanderers (the one that invokes the error) will not be protected if it is discovered that he had information in its possession or which it might be obtained easily, in order to stop this error.

Since the stop lock Fragonard 2 , we say that “hazard hunt the error”, that is to say that we should not be entered as a random part of the contract for the error is punished.

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Posted on ខែ​ធ្នូ 10, 2011, in នីតិឯកជន. Bookmark the permalink. បាន​បិទ​ការ​បញ្ចេញ​មតិ នៅ .

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