Exceptio doli praeteritis

The exceptio doli praeteritis ( exceptio specialis ) was a special case of the exceptio doli (deceit) in Roman law .

The defense served to raise objections to abuse of law. The prerequisite was that the plaintiff was accused of having acted fraudulently when the legal relationship arose. Since at the time of the filing of the lawsuit the damaging and bona fides offending event was in the past, the lawsuit received the addition praeteritis . By means of this additional designation, it could be distinguished from the exceptio doli praesentis , which, as a further special case of the exceptio doli, did not attempt to sanction the underlying legal relationship, but rather the lawsuit itself. The prerequisite was that the defendant could assert that the action was brought in an abusive manner . Since "present" ( praesentis ) negotiates, it was given the appropriate nickname.

literature

• Herbert Hausmaninger , Walter Selb : Roman private law (= Böhlau study books. Basics of studies. ) Böhlau, Vienna et al. 1981, ISBN 3-205-07171-9 , p. 287.
• Heinrich Honsell : Roman law. 5th, supplemented edition. Springer, Berlin et al. 2001, ISBN 3-540-42455-5 , pp. 174-176.