Non decipitur, qui scit se decipi
Non decipitur, qui scit se decipi (English: there is no deception, who knows that he is deceived) is a Roman legal rule that goes back to Ulpian . Accordingly, even the objective fact of deception in the legal sense is excluded because there is already no error. The rule also has meaning in the law of obligations , provided that the knowledge of a petitioner is important. According to this, in particular his rights to protect the freedom of disposition can be excluded (see also preclusion ).
In Germany this rule has a. Significance in the following areas:
- Section 263 StGB: Exclusion of the objective factuality
- § 119 , § 122 , § 123 BGB: Exclusion of the right of appeal in the eventof a mistake in explanation or deception
- § 442 : Knowledge of the buyer when asserting warranty claims due to defects in the object of purchase excludes the claims.
Modifications
- Sciens non fraudatur - The knower is not deceived. see. Digest 50, 17, 145 (Ulpian) in Corpus iuris civilis 1908 vol. 1
