Ignorantia juris non excusat o ignorantia legis neminem excusat (from Latin, 'the ignorance does not exempt from fulfillment of the law') it's a principle de Law School which indicates that ignorance or ignorance of the law It is of no use excuse, because the necessary rules apply presumption o fiction legal that, having been promulgated, everyone must know it. (promulgation y publication). The countries of right European with a tradition of the right Romans can also use an expression of Aristotle translated into Latin: we must not ignore the law ("No one believes that he is ignorant of the law") either ignorantia iuris nocet ("without knowing it, the law es harmful»).
Principle which establishes that the ignorance of the rules not excuse of its fulfillment (ignorantia iuris non excusat). It has its origin in Law School Roman and today in to date It is not conceived in a sense strict so that it assumes the legal obligation of all citizens to know the rules, since it is a task imposible.Principle which establishes that the ignorance of the rules not excuse of its fulfillment (ignorantia iuris non excusat). It has its origin in Law School Roman and today in to date It is not conceived in a sense strict so that it assumes the legal obligation of all citizens to know the rules, since it is a task imposible.
With regards to ignorance of the right subjective and proper the Romans admitted certain cases in which it produced certain effects. Authors often distinguish the ignorance of the error right Saying that the first one is lack total of knowledge of the right and the second one knowledge false and incomplete; but the distinction is of no importance in the practice.
Although it has been discussed in the tiempo en order effects of the ignorance of the law, in the right modern has acquired firmness principle That the law, once it has entered into force, is mandatory, even for those who, in fact, ignore its provisions, ignorance iuris non excusat.
En justification This principle That the ignorance of the law No. excuse of its fulfillment It has been alleged:
- a) that we all have the must to know the laws;
- b) that legislator, by promulgating and publishing them, provides the means for us to learn about them; and
- c) that, as a consequence of the above, if we could and should know them but ignore them, our ignorance es guilty and cannot exempt us from the sanctions established by the laws themselves for the /// of breach.
In any ///, The reason This principle lies, more than the alleged knowledge of the law (subjective basis), in the necesidad social that the legal norms have unconditional and general application (objective basis): admit the principle contrary to the excusability of the ignorance of the laws would be practically equivalent to handing over the fulfillment from them to the will in citizen.
In Santo Domingo, Republic Dominican Republic we have the most complete and effective team of lawyers to advise you on issues right civil. To who Carlos Felipe Law Firm SRL. We provide you with an accurate and timely legal advisory session. At Carlos Felipe Law Firm SRL we evaluate your ///, analyzing and establishing the real possibilities of success, as seen here with the Constitution and the laws of the country. We communicate with clear, simple, and timely language, the best actions and strategies to follow to solve the situation or conflict that concerns you.
