Dolus
idea · 2 works · 3 mentions · 4 anchored passages
dolus · dolus malus · fraud
in the texts
Institutes of Roman Law
Intentional wrongdoing, contrasted with culpa as a ground of liability.
Outrage, like theft and robbery, and unlike damage under the lex Aquilia, requires dolus malus, or unlawful intent.
In actions on Delict more especially, Real actions differing in this respect from the liability of a defendant necessarily implies that he is convicted either of Dolus or of Culpa, unlawful intention or unlawful negligence, § 211.
The old trichotomist division of culpa into lata, levis, and levissima, is now generally abandoned, levissima disappearing, the opposition being between culpa levis, whether in abstracto or in concreto, and gross negligence, culpa lata, which is hardly distinguishable from dolus, or intentional wrong.
The Law of Torts
The Roman legal concept of unlawful intention, wider than fraud, forming one of the two bases (with culpa) of delictual liability.
This kind of liability has its parallel in Roman law, and the obligation is said to be not ex delicto, since true delict involves either dolus or culpa, but quasi ex delicto.