УТИЦАЈ ЗАБЛУДЕ НА ПРАВНИ ПОСАО – ПОСЕБНО О БИТНИМ СВОЈСТВИМА ПРЕДМЕТА ЧИНИДБЕ
THE INFLUENCE OF MISTAKE ON CONTRACT VALIDITY, WITH SPECIFIC REFERENCE TO ERROR IN SUBSTANTIA

Summary/Abstract: In this paper, the author analyzes the influence of a contracting party’s incorrect assumptions about the facts important for concluding a valid contract. Special attention is given to mistake about the essential characteristics (qualities) of the subject/thing which the debtor owes (error in substantia). The author points out that these characteristics/qualities should not only be reduced to the commonly expected ones which are typically found in legal transactions, depending on the type of contract concluded by the parties. Quite the reverse, in determining whether a particular characteristic of the subject/thing is important or not, the party’s expectation and assumptions must prevail, providing they meet the standards set by the law. For, they are more than pure unilateral motive – they are motifs principals et déterminants which were introduit dans le champ contractuel. It means that the mistaken party would not have entered the contract had he/she known the facts and understood the situation.

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