Baku State University

Parties sporadically conclude a contract on the ground of a common premise which they later detect was false. Some circumstances which destroy the basis upon that contracting parties entered into the contract occur after the conclusion of the contract. In this case, relevant party (or parties) is not able to discover material mistake beforehand and this situation leads to the invalidity of a contract. It is a fact that the court can set aside the contract based on different grounds. Mistake acts as one of these grounds and vivid example of insufficient will. In respect of mistake to the identity, it is special type of substantial mistake which can affect the validity of the contract concluded between the parties. Mistake to the identity is currently covered by the legislation of Azerbaijan Republic.

In contract law, a mistake is an incorrect belief about certain facts that are true. On the whole, it gives the right for the mistaken party to make a defense, and if it is raised successfully can lead to the contract being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts.The term void ab initio means "to be treated as invalid from the outset" [5].