Legal Latin Maxims Relevant to ObliCon: Fideiussoria. – Guarantee.

Fideiussorio. – Guarantor

Ab initio. – From the beginning. Genus nun quam perit. – Genus

never perishes.
Accesion continua. – Accession to the products of the thing.
In diem. – (resolutory period) To a
Accion Directa – direct action (not subrogation) day certain.
Accession industrial. – (3 forms of building, planting, and sowing.) Those In toto. – Complete or In total.
produced by land of any kind through cultivation or labor.
Injuria. – Invasion of another’s right
Accession natural. – (Alluvion) The increase in the area of a land without for which one may bring an action.
any act of the owner.
Inter vivos. – (Between the living) A
Accion pauliana. – The right of the creditor to set aside or revoke the acts phrase used to describe a gift that is
which the debtor may have done to defraud him. made during the donor’s lifetime.
Accion reivindicatoria. – An action to recover ownership over a real Ipso Jure. – By law itself; By
property. operation of Law.
Accion subrogatoria. – (subrogatory action.) – An action which the Juntos o separadamene. – when
creditor may exercise his right on the negligent debtor by taking his written in a promisory note creates a
abandoned property to satisfy his own credit. solidary responsibility.
Ad litem. – (Guardian) Appointed to act in a lawsuit on behalf of a child or Mancomunada solidaria, Joint and
other person who is not considered capable of representing themselves. several, or In solidum. – Solidary
Obligation.
Bonos pater familias. – A good father of a family.
macomunada simple. – Joint
Case fortuito, force majeure, fuerza mayor. – (Fortuitous event) An event
obligation.
which takes place by accident and could have not been forseen. 2 General
causes. – By nature and by the act of a man. Mora accipiendi. – Default or delay
on part of the creditor.
Causa debendi/Causa obligationes) - why obligation exists
Mora solvendi. – Default or delay on
Compensatio Morae. – Default or delay on both parties on reciprocal
the part of the debtor.
obligation.
Mora. – Default or delay.
Culpa contractual. – Contractual negligence. Negligence in the
performance of a contract. Mortis causa. – (In contemplation of
approaching death) A phrase
Culpa criminal. – Criminal negligence.
sometimes used in reference to a
Culpa aquiliana. – Civil negligence. (Quasi delict, tort) acts or omission deathbed gift, or a gift causa mortis,
causes damage to another, there being fault or negligence, is oblige to pay since the giving of the gift is made in
for the damages done. Also know as Culpa extra contractual. expectation of approaching death. A
gift causa mortis is distinguishable
Culpa. – Negligence. from a gift inter vivos, which is a gift
made during the donor’s (the giver’s)
Custodia legis. – In the custody of the law; the taking, seizing or holding of lifetime.
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.

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.