Neu | Actio de dolo | Harke, Jan Dirk

»Actio de dolo. The Roman action for fraud« The Roman action for fraud is characterised by a disproportion between its potential and actual scope: It covers any financial loss caused deliberately and thereby even cases in which damage results from the withholding of a benefit. In order to avoid a circular argument, Roman lawyers apply the lawsuit only on the basis of an already existing claim, which serves as a model for the liability for fraud. The corresponding action thus becomes a tool for analogical reasoning. von Harke, Jan Dirk