Legal Ignorance in Portugal

Abstract

Under Portuguese law, the general principle according to which ignorance of law is no excuse is strictly interpreted, so as to refer exclusively to the validity of statutes. It does not preclude the relevance of mistakes of law in contract and in tort. In contract law, all mistakes are treated alike, irrespectively of whether they refer to facts or to legal norms. In tort law, ignorance of relevant legal norms will normally exclude the tortfeasor’s liability for wilful, intentional misconduct. In what concerns forfeiture and prescription, Portuguese law combines longer, objective, and shorter, subjective prescription periods, such as the three-year prescription period applying to claims on tort and unjust enrichment. In general terms, the shorter, subjective prescription periods start running from the moment the holder knew of the existence of his or her right.