IGNORANCE OF THE LAW AND DEFAULT RULES

Abstract

This paper deals with the relationship between the rule ignorantia legis non excusat and the default rules. The author addresses the meaning of that ancient rule, the concept of default rules, its purpose in the legal system and some of the general issues raised by them. Furthermore, she explores the application of the rule in accordance with the premise by which the ignorance of the law does not excuse its obedience to three specific institutions primarily configured through default rules: the contractual norms, the matrimonial system and the intestacy statute