ERROR OF CIVIL LAW A CURRENT LEGAL INSTITUTION
ERROR OF CIVIL LAW A CURRENT LEGAL INSTITUTION

Summary/Abstract: The current nature of the error of law institution and, in particular, of the error of civil law derives precisely from the current legislative and jurisprudential state of fact. Never in the modern history of Romania and probably of mankind has the frequency of law-making reached such a high level, and the package of normative acts in force has never been that consistent. Technically, the amount of information contained in all the normative acts in force exceeds by far the assimilation capacity of the human brain for the current level of cognitive development of the human being. In these conditions, the question arises whether there can be an obligation of each citizen to know each normative act. On the other hand, the principle of “nemo censeturignorarelegem” is one of the principles applicable to the entire system of domestic law, expressing the idea that everyone is presumed to know the law and no one can be considered ignorant of the law and cannot defend oneself by claiming the ignorance or error of law. However, in this context, there appears the need to identify ways and criteria for delimiting the fields of application of the two legal institutions, and therefore their analysis is almost self-evidently required.

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