论文部分内容阅读
作为我国民法学上的通论,民法上的二元错误论自2005年以来遭受来自一元错误论的批判和解构。一元错误论在解构二元错误论的同时,完成了知识移植和知识体系的建构。然而,它对二元错误论的解构并不成功:作为其基础的错误概念难以成立;其制度缺陷令其较之二元错误论难称优越;其驳论与立论存在明显的不足。坚持传统民法上的二元错误论应是我国民法的不二之选,但此种坚持应以扩张错误概念和软化动机错误不可撤销之僵化规则体系为前提。
As a general theory of civil law in our country, the dual error theory in civil law has been criticized and deconstructed since January 2005. Unary error theory deconstructs the binary error theory and completes the construction of knowledge transfer and knowledge system. However, its deconstruction of binary error theory is unsuccessful: the false concept as its basis is difficult to set up; its system defects make it superior to the binary mistake theory; and its argument and argument have obvious deficiencies. Adherence to the dualistic mistakes in the traditional civil law should be the best choice for civil law in our country, but such persistence should be premised on the concept of expanding mistakes and the rigid rules system that softens the irrevocable motivation of motivation.