RFBT - Latin Terms

Ab initio. – From the beginning.

Accesion continua. – Accession to the products of the thing.
Accession industrial. – (3 forms of building, planting, and sowing.) Those
produced by land of any kind through cultivation or labor.
Accession natural. – (Alluvion.) The increase in the area of a land without
any act of the owner.
Accion pauliana. – The right of the creditor to set aside or revoke the acts
which the debtor may have done to defraud him.
Accion reivindicatoria. – An action to recover ownership over a real
property.
Accion subrogatoria. – (subrogatory action.) – An action which the creditor
may exercise his right on the negligent debtor by taking his abandoned
property to satisfy his own credit.
Ad litem. – (Guardian) Appointed to act in a lawsuit on behalf of a child or
other person who is not considered capable of representing themselves.
Bonos pater familias. – A good father of a family.
Case fortuito, force majeure, fuerza mayor. – (Fortuitous event.) An event
which takes place by accident and could have not been forseen. 2 General
causes. – By nature and by the act of a man.
Compensatio Morae. – Default or delay on both parties on reciprocal
obligation.
Culpa contractual. – Contractual negligence. Negligence in the performance
of a contract.
Culpa criminal. – Criminal negligence.
Culpa aquiliana. – Civil negligence. (Quasi delict, tort) acts or omission
causes damage to another, there being fault or negligence, is oblige to pay for
the damages done. Also know as Culpa extra contractual.
Culpa. – Negligence.
Custodia legis. – In the custody of the law; the taking, seizing or holding of
something by lawful authority
Damnum. – To the damage. / damage. A clause in a complaint that states the
damage for which the individual seeks judicial relief.
Disimulados. – Veiled, hidden.
Dolo causante. – Causal Fraud.
Dolo incidente. – Incidental Fraud.
Dolo. – Fraud.
Dolus bonus. – simple cunning or sagacity in bargaining or in other
transactions that is not actionable or punishable as fraud or misrepresentation
or ground for rescinding the transaction induced by it.
Ex contractu. – Contracts
Ex die. – (suspensive period) From the day certain.
Ex lege. – Law.
Ex maleficio. – Acts or omission punished by law.
Fideiussoria. – Guarantee.
Fideiussorio. – Guarantor
Genus nun quam perit. – Genus never perishes.
In diem. – (resolutory period) To a day certain.
In toto. – Complete or In total.
Injuria. – Invasion of another’s right for which one may bring an action.
Inter vivos. – (Between the living) A phrase used to describe a gift that is
made during the donor’s lifetime.
Ipso Jure. – By law itself; By operation of Law.
Juntos o separadamene. – when written in a promisory note creates a
solidary responsibility.
Mancomunada solidaria, Joint and several, or In solidum. – Solidary
Obligation.
Mancomunada, macomunada simple. – Joint obligation.
Mora accipiendi. – Default or delay on part of the creditor.
Mora solvendi. – Default or delay on the part of the debtor.
Mora solvendi ex- re - Debtor’s default in real obligation.
Mora solvendi ex- persona - Debtor’s default in personal obligation.
Compensatio Morae - Default on the part of both parties.
Mora. – Default or delay.
Mortis causa. – (In contemplation of approaching death) A phrase sometimes
used in reference to a deathbed gift, or a gift causa mortis, since the giving of
the gift is made in expectation of approaching death. A gift causa mortis is
distinguishable from a gift inter vivos, which is a gift made during the donor’s
(the giver’s) lifetime.
Mutuum. – Simple loan.
Negotiorum gestio. – (management of business) is a type of spontaneous
agency or interference by a person, called a negotiorium gestor, in the affairs
of another in his absence.
Non nudis pactis, sed traditione dominia rerum transferentur. – The
ownership of a thing is transferred not by mere agreement but by delivery.
Pacto de retro. – The essence of a pacto de retro sale is that the title and
ownership of the property sold are immediately vested in the vendee a retro,
subject to the resolutory condition of repurchase by a vendor a retro to
repurchase the property within the period agreed upon by them, or, in the
absence thereof, as provided by law, vests upon the vendee a retro absolute
title and ownership over the property sold by operation of law.
Pactum commisorium. – The automatic appropriation by the creditor of the
thing pledged or mortgaged upon the failure of the debtor to pay the principal.
Pari delicto. – Both party at fault.
Pollicitatio. – An offer without acceptance is not binding. Not strictly a
contract at all but a unilateral gratuitous obligation.
Pour autrui. – A contract or provision in a contract that confers a benefit on a
third-party beneficiary NOTE: A stipulation pour autrui gives the third-party
beneficiary a cause of action against the promisor for specific performance.
Prima facie. – Based on the first impression; accepted as correct until proved
otherwise.
Pro rata. – Proportional.
Quantum meruit. – A reasonable sum of money to be paid for services
rendered or work done when the amount due is not stipulated in a legally
enforceable contract.
Quasi contractu. – Quasi contracts.
Quasi excontractu. – An equitable theory that finds an obligation to
compensate or restore a benefit conferred on.
Quasi maleficio. – Quasi delict.
Qui sentit sentire debet et in commodum. – He who enjoys the benefit
ought also to bear the burden.
Quien calla otorga. – Silence is consent or whoever is silent, consents.
Ratione Legis. – The reason for a law ceasing, the law itself ceases.
Rebus sic stantibus. – (things standing thus) stipulates that, where there has
been a fundamental change of circumstances, a party may withdraw from or
terminate the treaty in question.
Res judicata. – A matter already judged. A case in which there has been a
final judgement and no longer subject to appeal.
Res suo domino perit. – The thing is lost or destroyed by the owner.
Simulados. – Simulated.
Solutio indebiti. – The case where one had paid a debt, or done an act or
remitted a claim because he thought that he was bound in the law to do so,
when he was not. In such mistake there is an implied obligation.
(quasi-contractu)
Status quo. – Existing state of circumstances.
Vinculum juris. – Legal tie.
Void ab initio. – To be treated as invalid from the outset.

A kind of Constructive delivery whereby:

Traditio Simbolica - There is delivery when the keys of a warehouse are
given
Traditio Longa-manu - There is delivery by mere consent or the pointing out
of the object
Traditio Brevi-manu - A possessor of a thing not as an owner, becomes the
possessor as owner
Traditio Constitutom Possessorium - A possessor of a thing as an owner
retains possession no longer as an owner but in some other capacity
Constitutom possessorium - the opposite of brevu-manu