[ULPIANUS libro quinquagensimo octauo ad edictum. ] §42.2.2.prNon fatetur qui errat, nisi ius ignorauit.
[ULPIANUS, in the fifty-eighth book on the Edict.] A person who is in error does not make an admission, unless he was ignorant of the law.
Justinian I · The Digest of Justinian §42.2.2.pr
Invalidity of Mistaken Admission and Ignorance of Law
Summary
Ulpian states that an admission made under a mistake is generally invalid, unless the mistake arises from ignorance of the law.
Notes
- §42.2.2.prNon fatetur qui errat — The negation of the verb fatetur (to confess or admit) is predicated of the subject qui errat (one who is in error). This syntax expresses the principle that an act lacking genuine intent due to error does not produce the legal effect of a valid admission.
- §42.2.2.prnisi ius ignorauit — An exceptive clause introduced by the conjunction nisi ('unless'). While the mistake in the main clause's qui errat refers to a 'mistake of fact' (error facti), this clause excepts 'ignorance of law' (error iuris / ius ignoravit), meaning that an error arising from ignorance of the law is not excused and the admission remains binding.
Cite this passage
Justinian I, The Digest of Justinian §42.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.2.2.pr
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