Publication: Evolution of fraud in Spanish law: from roman "Dolus" to modern codification
Authors
Díaz-Bautista Cremades, Adolfo Antonio
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Facultad de Derecho
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Publisher
STS Science Centre
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DOI
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info:eu-repo/semantics/article
Description
Abstract
The crime of fraud in Spain is a consolidated criminal offense with a clear historical
lineage that reflects the nation's broader legal and social transformations. This article
examines its evolution in detail, beginning with its origins in Roman law. We analyze the foundational duality between the 'actio de dolo', a private civil remedy designed to provide restitution for financial harm caused by deception, and 'stellionatus', a public crime that punished malicious cunning not covered by other offenses. This Roman distinction between civil and criminal liability laid the groundwork for all subsequent evelopments. The analysis then proceeds through the Middle Ages, highlighting the influence of Canon Law, which moralized the concept by treating any form of deceit as a sin against good faith. This perspective was synthesized in foundational Spanish texts like the Siete Partidas of Alfonso X, which began to frame fraud as a vice of consent. The core of the article focuses on the codification process from the 19th century onward, exploring the penal codes of 1822 and 1848. A central focus is the case of Baldomera Larra (1876-1879), a pioneering pyramid scheme. This case is presented as a critical milestone that exposed the severe shortcomings of a rigid, casuistic legal framework unable to cope with complex economic crimes. Larra's eventual acquittal on a civil law technicality demonstrated an urgent need for reform. Finally, the article concludes by evaluating the modern configuration of fraud in the 1995 Penal Code. It argues that this legislation successfully integrates its long historical legacy while responding effectively to contemporary challenges, explicitly criminalizing computer fraud and establishing aggravating circumstances to combat the mass-scale frauds that the Larra case foreshadowed. The study draws on primary sources, academic scholarship, and historical references to offer a comprehensive analysis of the crime's foundations and its modern implications.
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Dolor , Fraud , Codification , Roman Law , Stellionatus , Legal History , Spanish Law , Estafa , Engaño , Actio doli
Citation
Journal on European History of Law, vol.16, 2025
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