Civil Law of Civil Law System Adopting the Rules of Error of the Roman Law And Gross Misunderstanding in Chinese Civil Law
Sun Xian-chao
Abstract
Sun Xian-chao
Abstract
Error system involves many conflicts of interests,legislator should balance the conflict of interests when designing related rules of error.Civil law of civil law system adopts and develops the rules of error of the Roman law,but has different models of legislative act in the balance of interests.The relative rules of gross misunderstanding in our civil law actually is the content of the error of civil law system,but gross misunderstanding of our civil law has the disadvantage of unbalance in interests evaluation.
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Error system involves many conflicts of interests,legislator should balance the conflict of interests when designing related rules of error.Civil law of civil law system adopts and develops the rules of error of the Roman law,but has different models of legislative act in the balance of interests.The relative rules of gross misunderstanding in our civil law actually is the content of the error of civil law system,but gross misunderstanding of our civil law has the disadvantage of unbalance in interests evaluation.
Key concepts: Law, Civil law (Civil law), Balance (ability), Public law, Political science, Comparative law, Common law, Private law