Zabluda i njen odnos sa kauzom ugovora
Mistake and its Relation to the Contract Cause

Author(s): Katarina Tasić
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: essential mistake; misunderstanding; cause; voidable contract; void contract
Summary/Abstract: The Legal systems we dealt with within this work in, practically, identical way, regulate the institution of mistake, with small aberrations that are more of formal than of fundamental nature. Stating the cases in which mistake would be of a vital importance, it is firstly stated that mistake would be definitely essential, and then, by stating one basic rule, it is predicted in which cases, beside those that are clearly stated, mistake would be essential. If there is an essential mistake on the occasion of signing the contract, it will lead to the disturbance of contract cause, hence the contract would be voidable. It is as well anticipated by all the laws we dealt with within this work, that the contract will not be signed unless contractual parties believe that they are concurrent, but, in fact, there is a misunderstanding about the nature of agreemen (contract) or about the cause or the grounds of the contract ( i.e. about the nature of the law or any other important part of the contract), in which case the cause will be omissioned and, for that reason, contract will be void.

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