Fraud or dolo in the performance of
an obligation establishment of an obligation
INCIDENTAL FRAUD
present only during the performance of a
pre-existing obligation
for the purpose of evading the normal
fulfillment of the obligation
it results in the nonfulfiilment or breach
of the obligation
it gives rise to a right of the
creditor/obligee to recover damages
from the debtor/obligor
Fraud or dolo in the constitution or
CAUSAL FRAUD
present at the time of the obligation
employed for the purpose of securing the
consent of the other party to enter into
the contract
if it is for the reason of entering into the
contract, results in vitiation of his
consent
gives a rise to a right of the innocent
party to ask for the annulment of the
contract if the fraud is causal or to
recover damages if incidental.