HIST-1107EL Study Guide - Quiz Guide: Gross Negligence, Hugo Grotius, Napoleonic Code
12 Nov 2020
School
Department
Course
Professor
Document Summary
Ius ignorantia nocet, facti ignorantia non nocet: error iuris nocet: the position in roman law, error iuris inexcusable mistake. Error with regards to the law, where the law is not easily determinable. It was mostly taken into consideration only in case of recent laws. Rule that ignorance of law cannot be excused. Roman law distinction between the various kinds of errors was rejected. Some errors shifted from being operative to non-operative. Grotius: promise hinges on certain factual presumptions -> if there"s mistake, then the promise has lost its foundation -> cannot be enforced: contract was analyzed as being made of two declarations of will. It is possible to distinguish dissensus and unilateral error. Error is a conflict between declaration and will. Natural lawyers didn"t agree if will or declaration should be emphasized. No claim for damages even if the party in error was at fault. Every error in persona relates to the contents of the declaration, so must be considered.
