Civil Code Article 738
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
A compromise and settlement shall not be revoked for mistake, except in any of the following cases:(1) If the compromise and settlement is based on documents which are afterwards discovered to be forged or altered, provided that the forgery or alteration be such that the party concerned would not have agreed to compromise and settlement if he had known of the forgery or alteration.(2) If the object of the compromise and settlement had been settled by a non-appealable judgment of the court, of which the parties or one of them had no knowledge at the time of the compromise and settlement.(3) If one of the parties was acting under a mistake as to the qualification of the other party or as to the point in dispute, which was essential in the case.
中文原文 民法第738條
和解不得以錯誤為理由撤銷之。
但有左列事項之一者，不在此限：
一、和解所依據之文件，事後發見為偽造或變造，而和解當事人若知其為偽造或變造，即不為和解者。
二、和解事件，經法院確定判決，而為當事人雙方或一方於和解當時所不知者。
三、當事人之一方，對於他方當事人之資格或對於重要之爭點有錯誤，而為和解者。
但有左列事項之一者，不在此限：
一、和解所依據之文件，事後發見為偽造或變造，而和解當事人若知其為偽造或變造，即不為和解者。
二、和解事件，經法院確定判決，而為當事人雙方或一方於和解當時所不知者。
三、當事人之一方，對於他方當事人之資格或對於重要之爭點有錯誤，而為和解者。