Erroneous transactions (Comparative Legal Analyse)

The present Master's thesis is a comparative-legal survey of one of the most important and interesting institution of civil law –with comparing erroneous transactions.
The institution in the law of Georgia and abroad is uniformly regulated. Such approach is particularly evident in the classification of the types of mistake and with the dispute of erroneous transactions. It is noteworthy that the Civil Code of Georgia does not set out a legal definition of the mistake, which may cause a number of problems in practice.
The Historical aspects of the institution are discussed in master's thesis, what challenges faced by the legislator in acting legislative code while developing the regulatory norms of erroneous transactions. The focus is on the types of non-essential and essential mistakes, their characteristics, according to both Georgian and German law, as well as the similarities and differences between them. There is a short overview of the civil legislation dispute of foreign countries and the practice of the Georgian courts and is presented how the uniformed act on this institution is proposed to regulate the principles of international commercial treaties.
Consequently, the comparative-legal analysis in this thesis, the review of the practice of common courts of Georgia and the elaborated recommendations will contribute the formation of a homogeneous approach and elimination of the existing faults in the legislation.