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《中华人民共和国合同法》(以下简称《合同法》)规定了因重大误解订立的合同,但是在合同的订立过程中并对具体的规章并没有设定出来。所以,究竟该怎样去判断因重大误解订立的合同就成了当前亟待解决的问题。文章先分析了合同法的基本原则,重点对重大误解的分类,“重大误解”与合同未成立、合同解释,构成重大误解的条件等三个方面作系统研究。
The Contract Law of the People’s Republic of China (hereinafter referred to as “Contract Law”) stipulates contracts that have been made due to major misunderstandings, but the specific rules and regulations have not been set forth in the process of concluding a contract. Therefore, exactly how to judge the contract concluded by major misunderstanding has become an urgent problem to be solved. The article first analyzes the basic principles of the contract law, focusing on the classification of major misunderstandings, the “major misunderstanding” and the contract is not established, the contract interpretation, constitute the conditions for major misunderstanding and other three aspects of systematic research.