Explanation of Article 58
This article addresses the statement of "error caused by a third party," which is an incorrect perception of reality, occurring to one of the contracting parties, but resulting from the act of another person other than the contracting parties. The article stipulates that the error caused by a third party "does not affect the validity of the contract," meaning that the error caused by a third party does not lead to the nullification of the contract and does not have any legal effect, except in the cases exempted by the article, which are:
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First: If the error is "known to the other party," meaning that the error caused by a third party is known to the other party to whom the offer is directed. In this case, the error leads to the "nullification of the contract" and does not have any legal effect.
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Second: If the error is "resulting from collusion," meaning that the error caused by a third party resulted from collusion between the other party and the person who caused the error. In this case, the error leads to the "nullification of the contract" and does not have any legal effect.
It is worth noting that this article protects the rights of the other party who did not make the error and provides them with the opportunity to nullify the contract if the error resulted from collusion.
Related To
Article 58
A contracting party’s mistake shall not be taken into consideration, unless the other contracting party has made the same mistake, was aware of its occurrence, or could have easily discovered it.