RFBT 1: 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

right of the creditor to exercise all the rights of his debtor to satisfy the claim, except rights which are inherent and personal on the part of the debtot

A

accion subrogatoria

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4
Q

another ā€œIā€

A

alter ego

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5
Q

in good faith

A

bona fide

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6
Q

fortuitous event

A

caso fortuito

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7
Q

buyer beware

A

caveat emptor

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8
Q

vendor is liable for hidden defects

A

caveat venditor

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9
Q

beneficiary of a trust agreement

A

cestui que trust

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10
Q

delay on the part of both parties

A

compensatio morae

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11
Q

the seller will continue in possession even after the sale

A

constitutum possessorium

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12
Q

joint account

A

cuentas en participacion

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13
Q

negligence

A

culpa

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14
Q

tort or quasi-delict which is the wrong committed against a person independent of contract and without criminal intent.

A

culpa aquiliana

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15
Q

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 agreement

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

causal fraud; fraud employed was the reason why the deceived party entered into a contract

A

dolo causante

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25
Q

fraud committed before or at the time of perfection of the contract

A

dolo causante

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26
Q

incidental fraud; committed in the performance of the obligation

A

dolo incidente

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27
Q

i give that you may give (BARTER)

A

du ut des

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28
Q

i give that you may do

A

du ut facias

29
Q

sale of future things

A

emptio rei sperati/speratae

30
Q

sale of hope or expentancy

A

emptio spei

31
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

32
Q

i do that you may give

A

facio ut des

33
Q

i do that you may do

A

facio ut facias

34
Q

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

A

fraud in factum / esse contractus

35
Q

generic thing never perishes

A

genus nunquam peruit

36
Q

both parties are in bad faith

A

in pari delicto

37
Q

in transit

A

in transitu

38
Q

solidarily liable

A

in solidum

39
Q

within the powers

A

intra vires

40
Q

joint obligation

A

mancomunada / mancomunadamente

41
Q

delay

A

mora

42
Q

delay on the part of the creditor

A

mora accipiendi

43
Q

delay on the part of the debtor

A

mora solvendi

44
Q

simple loan of money or consumable goods

A

mutuum

45
Q

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

A

negotiorum gestio

46
Q

you cannot give what you do not have

A

emo dat qui non habet

47
Q

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

A

pacto de retro sale

48
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

49
Q

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

A

pactum reservati dominii

50
Q

per day

A

per diem

51
Q

by itself

A

per se

52
Q

for the rate / proportionately

A

pro rata

53
Q

for so much

A

pro tanto

54
Q

as if

A

quasi

55
Q

as much as he deserves

A

quantum meruit

56
Q

as much as what is reasonably worth

A

quantum valebant

57
Q

of whom

A

quorum

58
Q

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

A

res perit domino

59
Q

negligence of the servant is the negligence of the master

A

respondeat superior

60
Q

without recourse

A

sans recourse

61
Q

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

A

solutio indebiti

62
Q

stipulation in favor of a third person

A

stipulation pour autrui

63
Q

buyer is already in possession prior to the sale

A

traditio brevi manu

64
Q

delivery of things by mere pointing at the object

A

traditio longa manu

65
Q

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

A

traditio simbolica

66
Q

beyond powers

A

ultra vires

67
Q

juridical tie

A

vinculum juris

68
Q

waiver without assumption of the risk of eviction

A

waiver conciente

69
Q

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

A

waiver intencionada