Past fraud exception


The exceptio doli praeteritis (exceptio specialis) was a special application of the exceptio doli (Arglistein speech) in Roman law.

The objection was intended to raise objections to the abuse of rights. The prerequisite was that the applicant was accused of having been malicious in the event of the establishment of the legal relationship. Since, at the time the complaint was lodged, the event of a damaging and bona fide offense was in the past, the action received the addition of praeteritis. By means of this additional designation, it could be distinguished from the exceptio doli praesentis, which, as another special case of the exceptio doli, did not attempt to sanction the legal relationship, but the action itself. The defendant was entitled to claim that the action was misused , As "present" (praesentis) negotiates, it was given corresponding surnames. Edit source text

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