Term of Fraud (Dolus) in Roman Law
Journal Title: Kırıkkale Üniversitesi Sosyal Bilimler Dergisi - Kırıkkale University Journal of Social Sciences - Year 2017, Vol 7, Issue 2
Abstract
Fraud is to make one person do wrong law process by forming wrong opinion in his mind however he wouldn’t do that if he knew the real situation. Fraud in Roman law evaluated as a reason of both unfair and defective intention. Because of this, some protection ways are legitimatized to the person who is exposed to fraud. In this way, the person who is exposed to fraud could benefit law facilities such as exceptio doli, actio doli/de dolo and in integrum restitutio. Furthermore, in Roman law, it is seen that fraud is categorized in varied ways. It is categorized in two ways; as dolus malus and dolus bonus in terms of good faith and as dolus causam dans and dolus incidens in terms of the effect which is created on the person who is exposed to fraud.
Authors and Affiliations
Bengi Sermet Sayın Korkmaz
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