The Professional CPA Review School

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BUSINESS LAW ATTY. MARY ANN SAGANA

LATIN TERMS

ab initio From the very beginning

accion pauliana right to rescind contracts entered into to defraud the creditor
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
accion subrogatoria the part of the debtor.
agente del credere guaranty commission agent
alter ego Another “I”
bona fide In good faith
caso fortuito fortuitous event
caveat emptor buyer beware
caveat venditor vendor is liable for hidden defects
cestui que trust beneficiary of a trust agreement
compensatio morae delay on the part of both parties
constitutum
possessorium the seller will continue in possession even after the sale
cuentas en participacion joint account
culpa negligence
tort or quasi-delict, which is the wrong committed against a person
independent of contract and without criminal intent. It is the
culpa aquiliana negligence as a source of an obligation
culpa criminal criminal negligence
the negligence in the performance of an obligation arising from a
culpa contractual contract
property is alienated to the creditor in satisfaction of a debt in
dacion en pago money.
de facto in fact
de jure in law
delectus personam/
personarum based on mutual trust and confidence
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
delegacion person.
Dolo fraud
causal fraud, fraud employed was the reason why the deceived
party entered into the contract. Committed before or at the time of
dolo causante perfection of the contract.
dolo incidente incidental fraud, committed in the performance of the obligation
du ut des I give that you may give – BARTER
du ut facias I give that you may do
emptio rei
sperati/speratae sale of future things
emptio spei sale of hope or expectancy
when a third person without the knowledge or against the will of
the original debtor assumes the obligation with the consent of the
expromission creditor
facio ut des I do that you may give
facio ut facias I do that you may do
fraud in factum/esse exists in cases where a person, without negligence, has signed a
 CRC-ACE/BL: LATIN TERMS 2

contractus negotiable instrument, but was deceived as to the character of the

instrument and without knowledge of it.
genus nunquam peruit generic thing never perishes
in pari delicto both parties are in bad faith
in transitu in transit
in solidum solidarily liable
Intra vires within the powers
mancomunada;
mancomunadamente joint obligation
Mora delay
mora accipiendi delay on the part of the creditor
mora solvendi delay on the part of the debtor
mutuum simple loan of money or consumable goods
voluntary management if the property or affairs of another without
negotiorum gestio knowledge or consent of the latter
emo dat qui non habet you cannot give what you do not have
contract of sale whereby the right of the seller to repurchase the
pacto de retro sale thing sold is reserved
stipulation in a contract of pledge or mortgage whereby the thing
pledged or mortgaged shall become the property of the creditor in
pactum commissorium the event that the debt is not paid on maturity
reservation of ownership by the seller conditioned upon the
pactum reservati dominii payment of the buyer of the purchase price
per diem per day
Per se by itself
Pro rata for the rate /proportionately
Pro tanto for so much
quasi as if
quantum meruit as much as he deserves
quantum valebant as mush as what is reasonably worth
Quorum of whom
res perit domino the thing perishes with its owner / the owner bears the risk of loss
respondeat superior negligence of the servant is the negligence of the master
sans recourse without recourse
juridical relation which is created when something is received when
there is no right to demand it and it was unduly delivered through
solutio indebiti mistake.
stipulation pour autrui stipulation in favor of a third person
traditio brevi manu buyer is already in possession prior to the sale
traditio longa manu delivery of things by mere pointing at the object
delivery through the use of token or symbol to represent the thing
traditio simbolica delivered
Ultra vires beyond powers
vinculum juris juridical tie
waiver conciente waiver without assumption of the risk of eviction
waiver with knowledge of the risks of eviction coupled with an
waiver intencionada assumption of its consequences

/CDE