Dolo

The Spanish form of dolus. DOLOSUS VERSATUR IN GENERALIbus. A deceiver deals in generals. 2 Coke, 34; 2 Bulst. 226; Lofft, 782; 1 Rolle, Abr. 157; Wingate, Max. 636; Broom, Leg. Max. (3d London Ed.) 264. DOLUM EX INDICIIS PERSPICUIS PRObari convenlt. Fraud should be proved by clear tokens. Code, 2. 21. 6; 1 Story, Cent. (4th Ed.) p. 602. DOLUS (Lat.)

In civil law. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4. 3. 1. Any subtle contrivance by words or acts with a design to circumvent. 2 Kent, Comm. 560; Code, 2. 21. Dolus differs from culpa in this* that ■ the latter proceeds from an error of the understanding, while to constitute the former there must be a will or intention to do wrong. Wolff. Inst. § 17. It seems doubtful, however, whether the general use of the word dolus in the civil law is not rather that of very great negligence, than of fraud, as used in the common law. Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (malus animus) or not. Poth. du Depot, notes 23, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506, note. DOLUS AUCTORIS NON NOCET SUCcessorl. The fraud of a predecessor does not prejudice the successor.

In Spanish law. Bad or mischievous design. White, New Recop. b. 1, tits Ihee.d; 8 0. Dolo facit qui petit quod redditurus est. He acts with guile who demands that which he will have to return. Broom, Max. 346. Dolo malo pactum se non servaturum, Dig. 2, 14,7,§9. An agreement induced by fraud cannot stand. Dolosus versatur in generalibus. A person intending to deceive deals in general terms. Wing. Max. 636; 2 Coke, 34a; 6 Clark & F. 699; Broom. Max. 289. Dolum ex indiciis perspicuis probari convenit. Fraud should be proved by clear tokens. Code, 2, 21,6; 1 Story, Cont. § 625.