English Terms Flashcards
Real oblig
To give
Personal oblig
To do
Delict
Breach contract
Tort/Quasi delict
Negligence no contract
Causal fraud
Misrep, would not have gone thru
Incidental fraud
Misrepresentation not grave would still go thru on diff terms
Nominal damage
To vindicateright
Liquidated damages
Contract breach
Pure obligation
No term no condition
Demandable at once
Conditional oblig
Depends on happening of condition
Suspensive condition
Demand after event happens
Resolutory condition
Demand before event happens
Protestative condition
Depends on parties (void if debtor suspensive)
Casual condition
Depends on chance
Alternative oblig
Many due, one extinguishes
Facultative oblig
One due, may give an expressed substitute
Dation
Pay using something else from agreed
Application of payment
Apply to certain debts if same creditor same debtor
Cession
Give properties to creditors
Consignation
Creditor doesnt/cant accept payment
Onerous
Burdensome
Condonation/Remission
Forgive debt
Confusion/Merger
Creditor becomes debtor vice versa
Compensation
2 persons creditors/debtors to each other
Novation
Modify/extinguish terms of oblig
Expromision
3rd party initiates change of debtor
Delegation
Debtor initiates change if debtor
Conventional subrogation
Both creditors agree for new person to take rights of old creditor
