Latin Terms

Question 1

from the very beginning

Answer 1

ab initio

Question 2

right to rescind contracts entered into to defraud the creditor

Answer 2

accion pauliana

Question 3

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

Answer 3

accion subrogatoria

Question 4

guaranty commission agent

Answer 4

agente del credere

Question 5

another “I”

Answer 5

alter ego

Question 6

in good faith

Answer 6

bona fide

Question 7

fortuitous event

Answer 7

caso fortuito

Question 8

buyer beware

Answer 8

caveat emptor

Question 9

vendor is laible for hidden defects

Answer 9

caveat venditor

Question 10

beneficiary of a trust agreement

Answer 10

cestui que trust

Question 11

delay on the part of both parties

Answer 11

compensatio morae

Question 12

the seller will continue in possession even after the sale

Answer 12

constitutum possessorium

Question 13

joint account

Answer 13

cuentas en participacion

Question 14

negligence

Answer 14

culpa

Question 15

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.

Answer 15

culpa aquiliana

Question 16

criminal negligence

Answer 16

culpa criminal

Question 17

the negligence in the performance of an obligation arising from a contract

Answer 17

culpa contractual

Question 18

property is alienated to the creditor in satisfaction of a debt in money

Answer 18

dacion en pago

Question 19

in fact

Answer 19

de facto

Question 20

in law

Answer 20

de jure

Question 21

based on mutual trust and confidence

Answer 21

delectus personam/personarum

Question 22

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.

Answer 22

delegacion

Question 23

fraud

Answer 23

dolo

Question 24

casual fraud, fraud employed was the reason why the deceived party entered into the contract. Commited before or at the time of perfection of the contract.

fraud caused the party to enter contract

Answer 24

dolo causante

Question 25

*incidental* **fraud**, committed in the performance of the obligation

Answer 25

dolo incidente

Question 26

i **give** that you may **give**

Answer 26

du ut des ## Footnote barter

Question 27

I **give** that you may **do**

Answer 27

du ut facias

Question 28

**sale** of *future things*

Answer 28

emptio rei sperati/speratae

Question 29

**sale** of *hope* or expectancy

Answer 29

emptio spei

Question 30

when a **third person** *without the knowledge or against the will of the original debtor* **assumes the obligation** *with the consent of the creditor*

Answer 30

expromission

Question 31

I **do** that you may **give**

Answer 31

facio ut des

Question 32

I **do** that you may **do**

Answer 32

facio ut facias

Question 33

exists in cases where a person, *without negligence*, has signed a negotiable instrument, but was **deceivied as to the character of the instrument and without knowledge of it**

Answer 33

fraud in factum/ esse contractus

Question 34

generic thing never perishes

Answer 34

genus nunquam peruit

Question 35

both parties are in bad faith

Answer 35

in pari delicto

Question 36

in transit

Answer 36

in transitu

Question 37

solidary liable

Answer 37

in solidum

Question 38

within the powers

Answer 38

intra vires

Question 39

joint obligation

Answer 39

mancomunada; mancomunadamente

Question 40

delay

Answer 40

mora

Question 41

**delay** on the part of the *creditor* | creditor - to accept

Answer 41

mora accipiende

Question 42

**delay** on the part of the *debtor* | debtor- to resolve

Answer 42

mora solvendi

Question 43

**simple loan** of *money* or *consumable goods*

Answer 43

mutuum

Question 44

*voluntary* management if the property or affairs of another **without knowledge or consent** of the latter

Answer 44

negotiorum gestio

Question 45

you cannot give what you do not have

Answer 45

nemo dat qui non habet

Question 46

*contract of sale* whereby the **right** of the seller **to repurchase** the thing sold is reserved

Answer 46

pacto de retro sale

Question 47

*void stipulation* **prohibiting the owner** of the property subject of pledge or real mortgage **from *alienating* his/her property**

Answer 47

pactum non alienando

Question 48

*void stipulation* **excluding a partner** from sharing of profits

Answer 48

pactum leonina

Question 49

*stipulation* in a contract of pledge or mortgage whereby the **thing pledged** or mortgaged shall **become the property of the creditor** in the event that the **debt is not paid on maturity**

Answer 49

pactum commissorium

Question 50

**reservation of ownership** by the seller conditioned *upon the payment of the buyer* of the purchase price

Answer 50

pactum reservati dominii

Question 51

per day

Answer 51

per diem

Question 52

by itself

Answer 52

per se

Question 53

for the rate/ proportionately

Answer 53

pro rata

Question 54

for so much

Answer 54

pro tanto

Question 55

as if

Answer 55

quasi

Question 56

as much as he *deserves*

Answer 56

quantum meruit

Question 57

as much as what is *reasonably worth*

Answer 57

quantum valebant

Question 58

of whom

Answer 58

quorum

Question 59

the thing perishes with its owner/ the owner bears the risk of loss

Answer 59

res perit domino

Question 60

negligence of the **servant** is the negligence of the **master**

Answer 60

respondeat superior

Question 61

without recourse

Answer 61

sans recourse

Question 62

juridical relation which is created when *something is received* when there is **no right to demand** it and it was unduly **delivered though mistake**

Answer 62

solutio indebiti

Question 63

stipulation *in favor of a third person*

Answer 63

stipulation pour autrui

Question 64

buyer is *already in possession prior to the sale*

Answer 64

traditio brevi manu

Question 65

delivery through the use of **token or symbol** to represent the thing delivered | pointing

Answer 65

traditio longa manu

Question 66

utmost good faith

Answer 66

ubifrimae fides

Question 67

beyond powers

Answer 67

ultra vires

Question 68

juridical tie

Answer 68

vinculum juris

Question 69

waiver **without assumption** of the risk of eviction

Answer 69

waiver conciente

Question 70

waiver **with knowledge** of the risks of eviction coupled with an assumption of its consequences

Answer 70

waiver intencionada