Dolo or Fraud

Question 1

Dolo causante

Answer 1

Those deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract.

Present only at the birth of the obligations

Determines or is the essential cause of the consent

Employed for the purpose of securing the consent of other party to enter into contract

Results to vitiation of consent of the party (voidable contract)

Innocent party may file annulment of contract

Question 2

Dolo incidente

Answer 2

Those which are not serious in character and without which the other party would still have entered into the contract

Present only during the performance of a pre-existing obligation

Some particular or accident of the obligation

Employed for the purpose of evading the normal fulfillment of an obligation

Results to non-fulfillment or breach of the obligation

Creditor may recover damages from the debtor

Question 3

Article for Dolo

Answer 3

Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.

Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.