Exceptio doli
idea · 1 work · 5 mentions · 9 anchored passages
Exceptio non numeratae pecuniae · exceptio doli · exception of fraud · plea of fraud · plea of money not paid
in the texts
Institutes of Roman Law
An equitable defence allowing a stipulation defendant to plead fraud or want of consideration.
If no written document accompanied a promise by stipulation to repay a debt, no length of time barred the defendant from pleading the exceptio doli.
I do promise,—yet in course of time, a defendant who had been induced to enter into a stipulation by fraud, or who had not received the consideration, on account of which his promise was made, was allowed to plead the exceptio doli or plea of fraud, an equitable defence, probably introduced by Aquilius Gallus (cf.
The validity of Formal contracts irrespective of the causal factor was to a certain extent infringed in later jurisprudence by the admission of the Exceptio doli, more particularly in its form of Exceptio non numeratae pecuniae.