Explanation of Article 54
This article addresses the statement of "non-influential mistake," which is an incorrect perception of reality that does not lead to the nullification of the contract. The article stipulates that a mistake is non-influential in two cases:
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First: If the mistake "does not affect the will," meaning that the mistake has influenced the will of the contracting party, such that if the mistake had not occurred, they would have proceeded with concluding the contract. For example, if a person buys a car thinking it is used, and then discovers it is new, in this case, the mistake is non-influential because if they had known it was new, they would have bought it.
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Second: If the mistake "relates to a non-essential attribute of the subject matter of the contract," meaning that the mistake pertains to a non-essential attribute of the subject matter of the contract, such that if this attribute were not present, they would have proceeded with concluding the contract. For example, if a person buys a painting thinking it is original, and then discovers it has an old frame, in this case, the mistake is non-influential because if they had known it had an old frame, they would have bought it.
It should be noted that a mistake is considered non-influential if it relates to a secondary attribute of the subject matter of the contract or if it relates to an attribute that does not affect the will of the contracting party.
The consequence of a non-influential mistake is the "validity of the contract," and it produces its legal effects.
Related To
Article 54
Matters relating to guardianship and trusteeship shall be subject to the legal provisions related thereto.