RFBT 1: Latin Terms Flashcards
from the very beginning
ab initio
right to rescind contracts entered into to defraud the creditor
accion pauliana
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
accion subrogatoria
another āIā
alter ego
in good faith
bona fide
fortuitous event
caso fortuito
buyer beware
caveat emptor
vendor is liable for hidden defects
caveat venditor
beneficiary of a trust agreement
cestui que trust
delay on the part of both parties
compensatio morae
the seller will continue in possession even after the sale
constitutum possessorium
joint account
cuentas en participacion
negligence
culpa
tort or quasi-delict which is the wrong committed against a person independent of contract and without criminal intent.
culpa aquiliana
it is the negligence as a source of an obligation
culpa aquiliana
criminal negligence
culpa criminal
the negligence in the performance of an obligation arising from a contract
culpa contractual
property is alienated to the creditor in satisfaction of a debt in money
dacion en pago
in fact
de facto
in law
de jure
based on mutual trust and agreement
delectus personam/personarum
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
delegacion
fraud
dolo
causal fraud; fraud employed was the reason why the deceived party entered into a contract
dolo causante
fraud committed before or at the time of perfection of the contract
dolo causante
incidental fraud; committed in the performance of the obligation
dolo incidente
i give that you may give (BARTER)
du ut des
i give that you may do
du ut facias
sale of future things
emptio rei sperati/speratae
sale of hope or expentancy
emptio spei
when a third person without the knowledge or against the will of the original debtor assumes the obligation with the consent of the creditor
expromission
i do that you may give
facio ut des
i do that you may do
facio ut facias
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
fraud in factum / esse contractus
generic thing never perishes
genus nunquam peruit
both parties are in bad faith
in pari delicto
in transit
in transitu
solidarily liable
in solidum
within the powers
intra vires
joint obligation
mancomunada / mancomunadamente
delay
mora
delay on the part of the creditor
mora accipiendi
delay on the part of the debtor
mora solvendi
simple loan of money or consumable goods
mutuum
voluntary management of the property or affairs of another without knowledge or consent of the latter
negotiorum gestio
you cannot give what you do not have
emo dat qui non habet
contract of sale whereby the right of the seller to repurchase the thing sold is reserved
pacto de retro sale
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
pactum commissorium
reservation of ownership by the seller conditioned upon the payment of the buyer of the purchase price
pactum reservati dominii
per day
per diem
by itself
per se
for the rate / proportionately
pro rata
for so much
pro tanto
as if
quasi
as much as he deserves
quantum meruit
as much as what is reasonably worth
quantum valebant
of whom
quorum
the thing perishes with its owner / the owner bears the risk of loss
res perit domino
negligence of the servant is the negligence of the master
respondeat superior
without recourse
sans 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
solutio indebiti
stipulation in favor of a third person
stipulation pour autrui
buyer is already in possession prior to the sale
traditio brevi manu
delivery of things by mere pointing at the object
traditio longa manu
delivery through the use of token or symbol to represent the thing delivered
traditio simbolica
beyond powers
ultra vires
juridical tie
vinculum juris
waiver without assumption of the risk of eviction
waiver conciente
waiver with knowledge of the risks of eviction coupled with an assumption of its consequences
waiver intencionada
