Actio de dolo
In Roman private law, the actio de dolo designates a subsidiary effective action for malice .
It is traced back to the late Republican lawyer C. Aquilius Gallus . This is passed down through the Severan late classic Ulpian , which points to the subordinate character of the legal remedy and to a short period of limitation. The praetor could only grant the remedy if another type of action was not available. Furthermore, the praetor checked the case in advance for conclusiveness ( causa cognita ), while the iudex was responsible for checking whether it was true . A conviction was disgraceful . On the other hand, the defendant was able to avoid conviction through restitutionary measures.
The counterpart to the actio de dolo is the exceptio doli , the deception that the debtor could raise if he was fraudulently induced to make a performance promise and the creditor wanted to make use of this promise.
The regulation can still be found today in § 124 BGB and Art. 60 ZGB .
See also
Individual evidence
- ↑ "quae dolo malo facta esse dicentur, si de his rebus alia actio non erit et iusta causa esse videbitur, intra annum, cum primum experiundi potestas fuerit, iudicium dabo".
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 286 f.
- ↑ Art. 60 ZGB