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Effectiveness of civil law on reconciliation of contract
a compromise and settlement contract,certainty,principle of autonomy of private law,creation,identification,a mistake in a compromise and settlement contract,
|Publication Year :||2018|
The purpose of a compromise and settlement contract is to terminate an existing dispute or prevent the occurrence of a future dispute between parties. In essence, it is used to eliminate vague legal relationships. It is allowed under the principle of autonomy of private law to apply in other legal relationships other than terminate an existing dispute. Therefore, Article 737 of Civil Law is principle based. In practice, it should be a misunderstanding to differentiate the legal effect between created reconciliation and certified reconciliation. By the same token, it would be unable to establish a compromise and settlement contract if the legal relation is not clear. Otherwise legal behavior that create, change or cease the rights and obligations, such as a settlement contract and a payment made in order to discharge a duty, would be indistinguishable.
With regards to the mistake of a compromise and settlement contract, based on the same nature to terminate an existing dispute, the scope of the effectiveness of the contract should not be revoked when violating mutual agreement and objective reality. Therefore, the mistake mentioned in paragraph 3 under Article 738 that arises from one of the parties is acting under a mistake as to the qualification of the other party or as to the point in dispute, when refer to foreign cases and compared with the first and second paragraphs under the same article, the mistake is more of a basis for the compromise and settlement. This is a mistake in the concept forming phase. Therefore, it is different from the mistake referred in the article 88. However, the purpose of excluding period is for the stability of the law. The revocation right under Article 738 should apply to the excluding period as referred in Article 90.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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