Ex Capite Doli is a Latin phrase utilised in legal contexts to signify “on the basis of fraud”. It pertains to circumstances where actions are taken due to fraudulent or deceitful behaviour. On the other hand, Ex Capite Inhibitionis is another Latin term employed in Scottish law to indicate “on the basis of inhibition”. It pertains to situations where a court mandates an individual to cease a particular activity, such as selling their property, in order to safeguard the rights of a creditor.
Ex capite doli, also known as ex capite fraudis, is a Latin term used in law to describe fraud. It signifies “on the ground of dole” or “for the reason of fraud.” For instance, the plaintiff filed a lawsuit against the defendant, alleging fraud in their business dealings, using the term ex capite doli to refer to the basis of the lawsuit.
In Scots law, ex capite inhibitionis is a Latin term used to denote an order issued by the Court of Session. This order prohibits a debtor from encumbering or alienating their heritable property to the detriment of a creditor. For example, the Court of Session issued an ex capite inhibitionis order against the debtor, preventing them from selling their property in order to evade their debts. This order ensures that the creditor can collect the debt owed to them without interference.
“Ex capite doli” is a Latin term that translates to “from the head of deceit.” It refers to a legal principle that allows a court to disregard a person’s fraudulent or deceitful actions when determining liability or damages in a case.
In legal cases, “ex capite doli” is applied when a party’s fraudulent or deceitful actions are deemed to be so significant that they should not be considered when determining liability or damages. It allows the court to disregard the deceitful conduct and focus solely on the merits of the case.
No, “ex capite doli” is not typically used as a defence in criminal cases. It is primarily applied in civil cases to prevent a party from benefiting from their own fraudulent or deceitful actions.
The purpose of “ex capite doli” is to ensure fairness and prevent individuals from profiting or gaining an advantage through fraudulent or deceitful actions. It helps maintain the integrity of the legal system by disregarding dishonest conduct when determining liability or damages.
Yes, there are limitations to the application of “ex capite doli.” The court will consider the severity and significance of the fraudulent or deceitful actions before deciding whether to apply this principle. It is not applied in every case and is subject to the discretion of the court.
Yes, “ex capite doli” can be used in contract disputes. If one party has engaged in fraudulent or deceitful conduct during the formation or performance of a contract, the court may apply this principle to disregard the deceitful actions and determine the rights and obligations of the parties based on the contract’s terms.
While “ex capite doli” is a Latin term, its application may vary in different legal jurisdictions. Some jurisdictions may have similar principles or doctrines that serve a similar purpose, but the specific term “ex capite doli” may not be recognized universally.
No, “ex capite doli” cannot be used to recover damages in a civil lawsuit. Its purpose is to prevent a party from benefiting from their own fraudulent or deceitful actions, rather than seeking compensation for damages.
Yes, “ex capite doli” can be used to invalidate a will if it can be proven that the testator engaged in fraudulent or deceitful conduct while creating or executing the will. The court may disregard the deceitful actions and determine the validity of the will based on other evidence or legal requirements.
No, “ex capite doli” cannot be used to avoid criminal charges. It is not a defence in criminal cases and does not absolve an individual from criminal liability. Criminal charges are determined based on the specific laws and evidence presented in the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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