DOLO

7 definitions found across Law Mind sources

DOLOAuthored
The Law Mind • 912 words
Definition
In Spanish and civil law, dolo means bad or mischievous design — a deliberate intent to deceive, defraud, or cause harm. It is the Spanish form of the Latin dolus, and carries the same essential meaning: willful wrongdoing or fraudulent intent, as distinguished from mere mistake or negligence. Dolo encompasses any subtle contrivance — by words or acts — designed to circumvent or deceive another. Where culpa (fault) arises from an error of the understanding, dolo requires a positive will or intention to do wrong. The distinction is fundamental in civil law systems: culpa is inadvertent; dolo is deliberate. The term appears principally in legal materials derived from Spanish civil law tradition, Roman law sources (particularly the Digest and Institutes), and in jurisdictions whose legal heritage flows from those systems.
Common Language
Modern common usage (Wiktionary): "alone, by oneself, without a companion" — from Italian/Spanish dolo meaning solitary. Historical common usage: Not independently defined in Webster's 1913; the term does not appear as an ordinary English word. Editorial note: The ordinary Spanish/Italian word dolo (alone) bears no relationship to the legal term. A researcher encountering dolo in a Spanish-language legal document, a civil law treatise, or materials from a Louisiana, Texas, or California historical archive should not import the common-language meaning. The legal dolo is a term of art carrying the full weight of fraudulent intent doctrine.
Common Confusion
Dolo vs. Culpa: These two concepts are frequently paired and sometimes confused. Culpa denotes fault arising from carelessness or error — the actor did not intend harm but failed to exercise proper care. Dolo requires intentional wrongdoing. The distinction drives liability outcomes in civil law systems: dolo typically attracts stricter consequences, cannot always be waived by contract, and may bar certain defenses available to a defendant guilty only of culpa. Dolo vs. Dolus: These are the same concept in different linguistic registers. Dolo is the Spanish form; dolus is the Latin. Historical dictionaries use both interchangeably. In research, context (Spanish colonial law vs. Roman or civilian source text) determines which form will appear.
Why It Matters in Research
Researchers working in Louisiana law, Texas land grant materials, California mission-era records, Puerto Rico legal sources, or any corpus touching Spanish colonial legal tradition will encounter dolo regularly. Its meaning is precise and technical, but historical sources do not always flag it as a term requiring special attention — it may appear untranslated and unexplained. The maxims attached to dolo in the historical dictionaries are navigational clues. Dolo malo pactum se non servaturum (an agreement induced by fraud cannot stand) signals a contracts-law context. Dolo facit qui petit quod redditurus est (he acts with guile who demands that which he will have to return) appears in unjust enrichment and quasi-contract reasoning. Dolosus versatur in generalibus (a person intending to deceive deals in generalities) is invoked in fraud pleading and in evaluating the sufficiency of representations — it warns that broad, vague assurances are a hallmark of fraudulent dealing. Researchers should also note that dolo in civil law systems does not map perfectly onto the common law concept of fraud. Civil law dolo is broader in some dimensions (covering bad faith in contract performance, not just misrepresentation) and narrower in others (requiring positive intent, not just recklessness). When translating or analogizing civil law sources into a common law research framework, this gap matters. In comparative law scholarship and in conflicts-of-law analysis, distinguishing dolo from its common law analogues (fraud, deceit, bad faith) requires attention to which legal tradition the source document inhabits.
Historical Dictionary Support
The four source dictionaries are in close agreement on the core meaning: deliberate bad design, fraudulent intent, willful wrongdoing. Burrill adds the useful gloss of "malice" and "criminal intention," connecting dolo to the criminal law dimension as well as civil. Bouvier provides the clearest doctrinal distinction between dolo and culpa, drawing on Kent and the Digest. Both Black's editions reproduce the same maxims with minimal variation. What the historical dictionaries do not address is how dolo functions in the substantive law of specific jurisdictions — they treat it as a Roman/civilian concept and leave its application to context. Researchers should not assume that the historical dictionary definition exhausts what dolo meant in, for example, the Spanish colonial administration of the American Southwest, where local custom and peninsular law blended in ways the dictionary sources do not capture.
Jurisdictional Note
Dolo is a term of civil law tradition, not common law. It appears in Louisiana, Puerto Rico, and in historical legal materials from Texas, California, New Mexico, and other former Spanish territories. Modern civilian codes (including Louisiana's Civil Code) retain the conceptual framework even where the specific term dolo has been replaced by fraud or bad faith in the statutory text.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Fraud and Misrepresentation in Civil Law Tradition; Dolus and Culpa: The Civil Law Fault Framework; Spanish Colonial Law in American Jurisdictions.
Related Terms
Dolus — Latin form of the same concept Culpa — negligent fault; the counterpart to dolo Fraud — nearest common law analogue Bad faith — functional equivalent in modern civilian usage Malice — overlapping concept in criminal law contexts Doli capax — capacity for criminal intent; related term in Burrill Culpa lata — gross negligence; sometimes treated as equivalent to dolo in civilian doctrine Mala fides — bad faith; related concept in Roman and civilian sources
DOLOmain
Black's Law Dictionary • 1891
In Spanish law. Bad or mis- chievous design. White, New Recop. b. 1, tit. 1, c. 1, § 3. 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 servatu- rum. Dig. 2, 14, 7, § 9. An agreement in- duced by fraud cannot stand. A Dolosus versatur in generalibus. 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.
DOLOmain
Bouvier's Law Dictionary • 1928
The Spanish form of dolus. DOLUS (Lat.). In Civil Law. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4.8.1. Any sub- tle contrivance by words or acts with a de- sign to circumvent. 2 Kent 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 inten- tion to do wrong. Wolffius, Inst. § 17. Bee CULPA. 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 ased In the common law. A distinction was also made between dolus and fraus, the essence of the former being the intention to deceive, while that of the latter was actual damage resulting from the decelt. 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. Pothier, Traité de Dépôt, nn. 23, 27; Story, Bailm. § 20 a; Webb's Poll. Torts 18; 2 Kent 506, n. DOLUS MALUS (Lat.). Fraud. Deceit with an evil intention. Distinguished from dolus bonus, justifiable or allowable deceit. Calvinus, Lex.; Broom, Max. 349; 1 Kauf- mann, Mackeld. Civ. Law 165. Misconduct. Magna negligentia culpa est, magna culpa dolus est (great negligence is a fault, a great fault is fraud). 2 Kent 560, n.
DOLOmain
Burrill's Law Dictionary • 1867
Span. [from Lat. dolus, q. v.] In Spanish law. Bad or mischievous design. White's New Recop. b. 1, tit. 1, c. 1, § 3. Design; evil or criminal intention; malice. Si dolo aut culpa homo occisus fuerit; if a man have been killed through design or carelessness. Inst. 4. 3. 14. See Doli capax. Dolus versatur in generalibus. Fraud deals in generalities. 2 Co. 34 a. 3 Id. 81 a. Otherwise expressed, Dolosus versatur in generalibus. A person intending to deceive deals in general terms. Wingate's Max. 636, max. 165. Broom's Max. 321, [216]. Fraud is Bacon's Max. 4. Dolus circuitu non purgatur. not purged by circuity. Broom's Max. [170]. Dolus et fraus nemini patrocinentur, (patrocinari debent). Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen.
doloadv
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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alone, by oneself, without a companion
Doloname
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A town in Dolo department, Burkina Faso. | A department in Bougouriba Province, Burkina Faso. | A border town in south-eastern Ethiopia, close to Somalia. | A former commune in Côtes-d'Armor department, Brittany, France. | A town and comune in Veneto, Italy. | A tributary in Emilia-Romagna, Italy. | A barangay of San Jose, Camarines Sur, Philippines.
Doloname
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A surname.

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