HIST-1106EL Study Guide - Quiz Guide: Jus Commune, Rescission, Null Character
8 Nov 2020
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Most important forms of operative mistakes: error in corpore / in persona / in negotio / in substantia. Later centuries: described as mistakes relating to the content of the contract if the motive remains outside the content of the contract no concern to the contractual partner. Digest: no cases where the contract would be regarded as invalid because of an error in motive. If both parties have the same object in mind, but one of them errs as to its name, it doesn"t affect the content - doesn"t affect consensus. Roman law: common error in nomine not a pb since there is consensus (ex. Dl law: falsa demonstratio rule: limited scope, need of a sufficient description in contract for the real object to be identified or in a testimony. Will-orientation, mistake and the formal transactions: testaments the law of testate succession - a person: supposed to convey & embody his last will strictly formal declaration.
