CRC-ACE The Professional CPA Review School : I. LATIN TERMS 2b initio From the very beginning right to rescind contracts entered into to defraud accion pauliana the creditor : 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 accion subrogatoria 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 consttutum the seller will ontinue in possession even after possessorium the sale "cuentas en particjpacion | joint account | culpa negligence t 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 culpa aquiliana source of an obligation culpa criminal criminal negligence the negligence in the performance of an culpa contractual obligation arising from a contract property is alienated to the creditor in satisfaction dacion en pago of a debt in money. v de facto in fact i | de jure inJa ae D | personarum based on mutual trust and confidence when the creditor accepts a third person to take delegacion the place of the debtor with the consent of the : : . MondyCRC-ACE The Professional CPA Review School debtor, the creditor and the third person. eae fra iiraud, Freud employed Ne ta, why) Se ot the time of perfection of |; | ee agent Fraud, committed in the | dolo incidente the obligation | du ut des Igive that you may give — BARTER. du ut facias Igive that you may do emptio rei sperati/speratae sale of future things emptio if hope. or expectancy q = a a ind person without the knowledge or against the will of the original.debtor assumes the expromission obligation with the consent of the creditor \ facio ut des Ido that you may give facio ut facies T do that you may do | ‘i a exists in cases where a person, without 2 § negligence, has signed a negotiable instrument, | fraud in factum/esse but was deceived as to the character of the | contractus - | instrument and without knowledge of it. \ |. genus nunquam peruit generic thing never perishes i | in pari delicto both parties are in bad faith in transitu in transit \ in solidum solidarily liable Intra vires within the powers mancomunada; marcomunadamente joint obligation 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 voluntary management if the property or-affairs of another without knowledge or consent of the negotiorum gestio latter8 CRC-ACE The Professional CPA Review School 7 abet not give what you do not have emo det qui non. eae: of sale whereby the Hight of the seller to urchase the thing sold is reset [pace de retro sole stpulation ina contract of pledge or mortgage a whereby the thing pledged or mortgaged shall ( marerematd) become the property of the creditor in the event 7 comnmissorium that the debt is not paid on maturity" st eservation of ownership»by the seller conditioned upon the payment of the buyer. of the purchase paths per day Per sé by itself. Pro rata for the rate /proportionately Pro tanto for'so much | quasi ‘as if” | juantum meruit as much as he deserves. intum valebant ‘as mush as-what.is reasonably worth Quorum of whom ¥ z the thing perishes with its owner / the owner res perit doinino bears the risk of loss negligence of the servant is the negligence of the ‘respondeat superior master_( lidarih) table) Sans recourse i without recourse t juridical relation which is created when saat i is received when there tight to demand it solutio indebiti . and it was unduly delive through mistake stipulation pour autrul _| 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 delivery through the use of token or symbol to traditio simbolica represent the thing delivered i Ultra vires | - 7 _Vinculum juuds") Furidical tie waiver conciente:~ . waiver without assumption of the risk of eviction : waiver with knowledge of the risks of eviction LWaiver intencionada coupled with an assumption of its consequences