Nemo censetur ignorare legem and its implications in competition law Cover Image
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Nemo censetur ignorare legem şi implicaţiile în dreptul concurenţei
Nemo censetur ignorare legem and its implications in competition law

Author(s): Valentin Mircea, Lavinia Toma-Tumbar, Germin Petcu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: lack of knowledge of the law; competition law; malum prohibitum; error of law

Summary/Abstract: The article brings into discussion the traditionally accepted meaning of nemo censetur ignorare legem principle that states the notion that no one can invoke as a means of defense the lack of knowledge of the law. Its origin must be sought, perhaps, in the early age of law, when criminal law (to which this principle was addressed from the beginning) was based almost exclusively on morality. Its roots must therefore be identified in the common understanding that a certain deed was by nature prohibited, being (or having to be) obvious to any citizen of the city that the evil of that deed determines it to be outside the rules of social cohabitation. The study is conducted in the field of competition law with an analysis of the error of law.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 135-139
  • Page Count: 5
  • Language: Romanian