Exceptio
In the form process of the early Roman Empire , the exception ( Latin: defense ) initially only meant that a defendant was granted an exceptional circumstance that was favorable to him under certain conditions, the absence of which would otherwise have led to a conviction. Later the conceptual legal institution of the private law objection developed from this , the effectiveness of which presupposed that the defendant invoked it.
Important exceptiones of Roman law :
- exceptio doli : plea of malice . Anyone who acts fraudulently does not deserve legal protection. In the German BGB, the exceptio doli is essentially contained in Section 242 BGB (see also defamation of fraud ).
- exceptio doli praesentis : defense of present malice. Current malice is malicious, unfaithful behavior during litigation.
- exceptio doli praeteritis : defense of past deceit. Past malice is malicious, disloyal behavior prior to trial.
- exceptio metus objection because of fear. Objection to claims that have been made under duress.
literature
- Max Kaser : The Roman Civil Procedure Law (= Handbook of Classical Studies . Abt. 10: Legal history of antiquity. Part 3, Vol. 4). 2nd, completely revised and expanded edition, reworked by Karl Hackl . Beck, Munich 1996, ISBN 3-406-40490-1 , p. 712.
- Max Kaser: Roman private law. A study book. Continued by Rolf Knütel . 19th, revised and expanded edition. Beck, Munich 2008, ISBN 978-3-406-57623-2 , p. 464.
