Latin Terms

Republic of the Philippines
DON HONORIO VENTURA STATE UNIVERSITY

Mexico Extension Campus
LATIN TERMS
ab initio from the very beginning
accion pauliana right to rescind contracts entered into to
defraud the creditor
accion subrogatoria 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.
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 participation joint account
Culpa negligence
culpa aquiliana 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
culpa criminal criminal negligence
culpa contractual the negligence in the performance of an
obligation arising from a contract
dacion en pago property is alienated to the creditor in
satisfaction of a debt in money
de facto in fact
de jure in law
delectus personam / personarum based on mutual trust and confidence
Delegacion 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
Dolo fraud
dolo causante casual fraud, fraud employed was the reason
why the deceived party enter into a contract.
committed before or at the time of 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 –
exchange
du ut facias I give that you may do
empio rei sperati/speratae Sale of future things
emptio spei Sale of hope or expectancy.
Expromission When a third person without the knowledge
or against the will of the original debtor
assumes the obligation with the consent of the
creditor.
facio ut des I do that you may give
facio ut facias I do that you may do.
fraud in factum/esse contractus exists in cases where a person, without
negligence, has signed a negotiable
instrument, but was deceived as to the
Republic of the Philippines
DON HONORIO VENTURA STATE UNIVERSITY
Mexico Extension Campus
character of the instrument and without the

knowledge of it.
genus nunquam peruit Generic thing never perishes
in pari delicto Both parties are in bad faith
in transit In transit
in solidum Solidarily liable
intra vires Within the powers
mancomunada; Joint obligation
mancomunadamente
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
negotiorum gestio voluntary management if the property or
affairs or another without the knowledge or
consent of the latter
emo dat qui non habet you cannot give what you do not have
pacto de retro sale contract of sale whereby the right of the seller
to repurchase the thing sold is reserved.
pactum commissorium 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 in maturity.
pactum reservati domini reservation of ownership by the seller
conditioned upon the 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 much 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
solution indebiti judicial relation which is created when
something is received when there is no right
to demand it and it was unduly delivered
through 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
tradition simbolica delivery through the use of token or symbol to
represent the thing delivered
Ultra Vires beyond powers
vinculum juris juridical tie
waiver conciente waiver without assumption of the risk of
eviction
waiver intencionada Waiver with knowledge of the risks of
eviction coupled with an assumption of its
consequences.

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Republic of the Philippines

DON HONORIO VENTURA STATE UNIVERSITY

character of the instrument and without the

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