Error II

From the Bible it appears that Eve was wrong, from which the tree breaks the fruit, and Adam was mistaken, from which the fruit tree Eve gave him to eat (vide “Error I”). God has given people a world into which the consequences of ERROR have been torn. Why couldn’t this be fixed right away then. Why eve and Adam could not say that they ate the fruit under the influence of error and, therefore, evade the effects of the first donation and ask once again to donate to the world again, this time not burdened by the blemish resulting from this ERROR committed in the execution of the first act of donation. The law knows something like waithing from the effects of an error.

However, by law, the effects of any error cannot be waived, but only the following: (a) which was triggered by the other party, or when it knew of the error or could have noticed the error (however, with the gift it does not matter); (b) which is RELEVANT i.e. if the declarer (Adam) had known of the error, he would not have concluded this action. Adam’s mistake was not significant. This was a particular case of error: it was not RELEVANT (because it was not relevant to the conclusion of the donation), but was crucial for the proper execution of the donation (it related to the reserved donation condition). Adam’s fault lies in not asking questions(?).