Legal Latin Maxims Relevant to ObliCon:

Ab initio. – From the beginning.

Accesion continua. – Accession to the products of the thing.
Accion Directa – direct action (not subrogation)
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.
Causa debendi/Causa obligationes) - why obligation exists
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. – 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 ex contractu. – 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 inter alio acta aliis necque nocet prodest - a contract cannot adversely affect the rights of one who
is not a party to the contract. “A matter between others is not our business."
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.