Abstract

The effect of mistakes on contract depends on certain conditions of which the most salient one is the fundamentality of mistakes. Magistrates must refer to contract parties' intentionsto identify the domain of the fundamental mistakes and their effects on the contract. Is the domain of the effective mistakes limited to the subject and important characteristics of the contract parties? Or can we find a unity of measurements among the characteristics of mistakes causing nullification, which incorporate all or at least most of the proofs of mistakes causing nullification? Why do in some cases, mistakes result in nullification and in others the cancel right and in some other ones no effects in contracts? The civil law, in articles 200 and 201, limits the domain of mistakes to "the contract itself" and "the important feature of contract parties". If we consider the base of the mistake effectsitsfundamentality, the mistake domain includes any mistakes in all basic elements of contracts which are the main reasons for making the contracts and mutual consent. Its condition is that the description of fundamentality is clearly or implicitly mentionedin the contract. Also the extent of effect of mistakes in contracts, depends on the importance of mistaken element in the opinions of contract parties. Some of the elements of the contract are related to mutual consent and mistakes in them result in problems in intention and nullifying the contract. Some other elements are not related to mutual consent and they are not in the domain of intention of the contract. If mistakes in them comes to the domain of mutual consent, naturally it leads to the authority of cancelling the contract.

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