LATIN TERMS
ab initio
accion pauliana
accion subrogatoria
agente del credere
alter ego
bona fide
caso fortuito
caveat emptor
caveat venditor
cestui que trust
compensatio morae
constitutum
possessorium
cuentas en participacion
culpa
culpa aquiliana
culpa criminal
culpa contractual
dacion en pago
de facto
de jure
delectus personam/
personarum
delegacion
Dolo
From the very beginning
right to rescind contracts entered into to defraud
the creditor
the right of the creditor to exercise all the rights of
his debtor to satisfy his claim, except rights which
are inherent and personal on the part of the
debtor.
guaranty commission agent
Another “I”
In good faith
fortuitous event
buyer beware
vendor is liable for hidden defects
beneficiary of a trust agreement
delay on the part of both parties
the seller will continue in possession even after
the sale
joint account
negligence
tort or quasi-delict, which is the wrong committed
against a person independent of contract and
without criminal intent. It is the negligence as a
source of an obligation
criminal negligence
the negligence in the performance of an obligation
arising from a contract
property is alienated to the creditor in satisfaction
of a debt in money.
in fact
in law
based on mutual trust and confidence
when the creditor accepts a third person to take
the place of the debtor with the consent of the
debtor, the creditor and the third person.
fraud
dolo causante
dolo incidente
du ut des
du ut facias
emptio rei
sperati/speratae
emptio spei
expromission
facio ut des
facio ut facias
fraud in factum/esse
contractus
genus nunquam peruit
in pari delicto
in transitu
in solidum
Intra vires
mancomunada;
mancomunadamente
Mora
mora accipiendi
mora solvendi
mutuum
negotiorum gestio
emo dat qui non habet
pacto de retro sale
pactum commissorium
causal fraud, fraud employed was the reason why
the deceived party entered into the contract.
Committed before or at the time of perfection of
the contract.
incidental fraud, committed in the performance of
the obligation
I give that you may give – BARTER
I give that you may do
sale of future things
sale of hope or expectancy
when a third person without the knowledge or
against the will of the original debtor assumes the
obligation with the consent of the creditor
I do that you may give
I do that you may do
exists in cases where a person, without
negligence, has signed a negotiable instrument,
but was deceived as to the character of the
instrument and without knowledge of it.
generic thing never perishes
both parties are in bad faith
in transit
solidarily liable
within the powers
joint obligation
delay
delay on the part of the creditor
delay on the part of the debtor
simple loan of money or consumable goods
voluntary management if the property or affairs of
another without knowledge or consent of the latter
you cannot give what you do not have
contract of sale whereby the right of the seller to
repurchase the thing sold is reserved
stipulation in a contract of pledge or mortgage
whereby the thing pledged or mortgaged shall
become the property of the creditor in the event
pactum reservati dominii
per diem
Per se
Pro rata
Pro tanto
quasi
quantum meruit
quantum valebant
Quorum
res perit domino
respondeat superior
sans recourse
solutio indebiti
stipulation pour autrui
traditio brevi manu
traditio longa manu
traditio simbolica
Ultra vires
vinculum juris
waiver conciente
waiver intencionada
that the debt is not paid on maturity
reservation of ownership by the seller conditioned
upon the payment of the buyer of the purchase
price
per day
by itself
for the rate /proportionately
for so much
as if
as much as he deserves
as much as what is reasonably worth
of whom
the thing perishes with its owner / the owner bears
the risk of loss
negligence of the servant is the negligence of the
master
without recourse
juridical relation which is created when something
is received when there is no right to demand it
and it was unduly delivered through mistake.
stipulation in favor of a third person
buyer is already in possession prior to the sale
delivery of things by mere pointing at the object
delivery through the use of token or symbol to
represent the thing delivered
beyond powers
juridical tie
waiver without assumption of the risk of eviction
waiver with knowledge of the risks of eviction
coupled with an assumption of its consequences