RFBT 1: 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

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

Answer 3

accion subrogatoria

Question 4

another “I”

Answer 4

alter ego

Question 5

in good faith

Answer 5

bona fide

Question 6

fortuitous event

Answer 6

caso fortuito

Question 7

buyer beware

Answer 7

caveat emptor

Question 8

vendor is liable for hidden defects

Answer 8

caveat venditor

Question 9

beneficiary of a trust agreement

Answer 9

cestui que trust

Question 10

delay on the part of both parties

Answer 10

compensatio morae

Question 11

the seller will continue in possession even after the sale

Answer 11

constitutum possessorium

Question 12

joint account

Answer 12

cuentas en participacion

Question 13

negligence

Answer 13

culpa

Question 14

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

Answer 14

culpa aquiliana

Question 15

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 agreement

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

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

Answer 24

dolo causante

Question 25

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

Answer 25

dolo causante

Question 26

incidental fraud; committed in the performance of the obligation

Answer 26

dolo incidente

Question 27

i give that you may give (BARTER)

Answer 27

du ut des

Question 28

i give that you may do

Answer 28

du ut facias

Question 29

sale of future things

Answer 29

emptio rei sperati/speratae

Question 30

sale of hope or expentancy

Answer 30

emptio spei

Question 31

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 31

expromission

Question 32

i do that you may give

Answer 32

facio ut des

Question 33

i do that you may do

Answer 33

facio ut facias

Question 34

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

Answer 34

fraud in factum / esse contractus

Question 35

generic thing never perishes

Answer 35

genus nunquam peruit

Question 36

both parties are in bad faith

Answer 36

in pari delicto

Question 37

in transit

Answer 37

in transitu

Question 38

solidarily liable

Answer 38

in solidum

Question 39

within the powers

Answer 39

intra vires

Question 40

joint obligation

Answer 40

mancomunada / mancomunadamente

Question 41

delay

Answer 41

mora

Question 42

delay on the part of the creditor

Answer 42

mora accipiendi

Question 43

delay on the part of the debtor

Answer 43

mora solvendi

Question 44

simple loan of money or consumable goods

Answer 44

mutuum

Question 45

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

Answer 45

negotiorum gestio

Question 46

you cannot give what you do not have

Answer 46

emo dat qui non habet

Question 47

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

Answer 47

pacto de retro sale

Question 48

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 48

pactum commissorium

Question 49

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

Answer 49

pactum reservati dominii

Question 50

per day

Answer 50

per diem

Question 51

by itself

Answer 51

per se

Question 52

for the rate / proportionately

Answer 52

pro rata

Question 53

for so much

Answer 53

pro tanto

Question 54

as if

Answer 54

quasi

Question 55

as much as he deserves

Answer 55

quantum meruit

Question 56

as much as what is reasonably worth

Answer 56

quantum valebant

Question 57

of whom

Answer 57

quorum

Question 58

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

Answer 58

res perit domino

Question 59

negligence of the servant is the negligence of the master

Answer 59

respondeat superior

Question 60

without recourse

Answer 60

sans recourse

Question 61

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

Answer 61

solutio indebiti

Question 62

stipulation in favor of a third person

Answer 62

stipulation pour autrui

Question 63

buyer is already in possession prior to the sale

Answer 63

traditio brevi manu

Question 64

delivery of things by mere pointing at the object

Answer 64

traditio longa manu

Question 65

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

Answer 65

traditio simbolica

Question 66

beyond powers

Answer 66

ultra vires

Question 67

juridical tie

Answer 67

vinculum juris

Question 68

waiver without assumption of the risk of eviction

Answer 68

waiver conciente

Question 69

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

Answer 69

waiver intencionada