Latin Terms Flashcards

1
Q

from the very beginning

A

ab initio

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2
Q

right to rescind contracts entered into to defraud the creditor

A

accion pauliana

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3
Q

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

A

accion subrogatoria

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4
Q

guaranty commission agent

A

agente del credere

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5
Q

another ā€œIā€

A

alter ego

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6
Q

in good faith

A

bona fide

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7
Q

fortuitous event

A

caso fortuito

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8
Q

buyer beware

A

caveat emptor

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9
Q

vendor is laible for hidden defects

A

caveat venditor

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10
Q

beneficiary of a trust agreement

A

cestui que trust

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11
Q

delay on the part of both parties

A

compensatio morae

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12
Q

the seller will continue in possession even after the sale

A

constitutum possessorium

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13
Q

joint account

A

cuentas en participacion

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14
Q

negligence

A

culpa

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15
Q

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.

A

culpa aquiliana

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16
Q

criminal negligence

A

culpa criminal

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17
Q

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

A

culpa contractual

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18
Q

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

A

dacion en pago

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19
Q

in fact

A

de facto

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20
Q

in law

A

de jure

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21
Q

based on mutual trust and confidence

A

delectus personam/personarum

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22
Q

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.

A

delegacion

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23
Q

fraud

A

dolo

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24
Q

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

A

dolo causante

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25
Q

incidental fraud, committed in the performance of the obligation

A

dolo incidente

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26
Q

i give that you may give

A

du ut des

barter

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27
Q

I give that you may do

A

du ut facias

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28
Q

sale of future things

A

emptio rei sperati/speratae

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29
Q

sale of hope or expectancy

A

emptio spei

30
Q

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

A

expromission

31
Q

I do that you may give

A

facio ut des

32
Q

I do that you may do

A

facio ut facias

33
Q

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

A

fraud in factum/ esse contractus

34
Q

generic thing never perishes

A

genus nunquam peruit

35
Q

both parties are in bad faith

A

in pari delicto

36
Q

in transit

A

in transitu

37
Q

solidary liable

A

in solidum

38
Q

within the powers

A

intra vires

39
Q

joint obligation

A

mancomunada; mancomunadamente

40
Q

delay

A

mora

41
Q

delay on the part of the creditor

creditor - to accept

A

mora accipiende

42
Q

delay on the part of the debtor

debtor- to resolve

A

mora solvendi

43
Q

simple loan of money or consumable goods

A

mutuum

44
Q

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

A

negotiorum gestio

45
Q

you cannot give what you do not have

A

nemo dat qui non habet

46
Q

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

A

pacto de retro sale

47
Q

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

A

pactum non alienando

48
Q

void stipulation excluding a partner from sharing of profits

A

pactum leonina

49
Q

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

A

pactum commissorium

50
Q

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

A

pactum reservati dominii

51
Q

per day

A

per diem

52
Q

by itself

A

per se

53
Q

for the rate/ proportionately

A

pro rata

54
Q

for so much

A

pro tanto

55
Q

as if

A

quasi

56
Q

as much as he deserves

A

quantum meruit

57
Q

as much as what is reasonably worth

A

quantum valebant

58
Q

of whom

A

quorum

59
Q

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

A

res perit domino

60
Q

negligence of the servant is the negligence of the master

A

respondeat superior

61
Q

without recourse

A

sans recourse

62
Q

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

A

solutio indebiti

63
Q

stipulation in favor of a third person

A

stipulation pour autrui

64
Q

buyer is already in possession prior to the sale

A

traditio brevi manu

65
Q

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

pointing

A

traditio longa manu

66
Q

utmost good faith

A

ubifrimae fides

67
Q

beyond powers

A

ultra vires

68
Q

juridical tie

A

vinculum juris

69
Q

waiver without assumption of the risk of eviction

A

waiver conciente

70
Q

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

A

waiver intencionada