Consolidated.txt

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Consolidated.txt
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  1. Ownership of a thing is transferred to the creditor to settle a monetary obligation.
    dacion en pago
  2. Lacks formalities but nevertheless shows the real intention of the parties to create a specific property to secure the performance of an obligation.
    equitable mortgage
  3. They refer to interchnageable goods such as garin, oil that allow one to be replace by another without loss of value
    fungible goods
  4. proof of perfection of a contract of sale
    earnest money
  5. includes warehouseman carrier or other person who receives thepossession or custody of the thing delivered
    bailee
  6. Even professional inspection is not sufficient to discover it
    redhibitory defect
  7. Exercised by the seller by obtaining actual possession of the goods or by giving notice to the carrier or other bailee having actual possession of the goods
    stoppage in transitu
  8. It is made by thebuyer with knowledge of risk of eviction hence the seller will not have any liabiity if the buyer is evicted
  9. waiver intencionada
  10. ownership is transferred to buyer upon delivery but he has the option to revert such ownership to the seller
    sale or return
  11. Ownership of the thing sold is retained by the seller despite delivery to the buyer, but the latter agrees to pay the price if he finds the thing satisfactory
    sale on trial
  12. Delivery that takes place when the buyer who was in the possession of the thing sold at the time of sale continues in possession of the same as owner
    traditio brevi manu
  13. negotiated by indorsement
    order document of title
  14. sale of property to the highest bidder
    auction
  15. The party to a contract of sale who is obligated to transfer the ownership of and deliver a deterinate thing
    vendor
  16. The consideration paid for the purpose of holding one to his promise to buy or sell a determinate thing for a certain period of time, which consideration is separate and distinct from the purchase price
    option money
  17. Applies to persons who under certain circumstances, cannot purchase certain property
    Relative incapacity
  18. The person obligated to pay the price of the thing purchased
  19. vendee
  20. Delivery of a movable by mere agreement of the parties if the thing cannot be transferred to the vendee at the time of sale
    traditio longa manu
  21. Negotiated by mere delivery
    bearer ocument of title
  22. It is made by the buyer without knowledge of the risk of eviction
    waiver consciente
  23. The consideration of the contract is another thing
    barter
  24. Applies to persons who cannot bind themselves in a contract including a contract for sale
    absolute incapacity
  25. A document used as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, the goods represented by such document
    document of title
  26. Right given to an adjoining owner of an urban land to purchase the same ahead of others if such land is held for speculation
    right of pre-emption
  27. Delivery through the execution of a public document
    legal formalities
  28. The deprivation by final judgment of the vendee of the whole or a part of the thing sold based on a right prior to the sale or an act imputable to the vendor
    Eviction
  29. Refer to goods to be manufactured, raised or acquired by the seller
    future goods
  30. The sale of hope or expectancy
    Emptio spei
  31. Includes one who has received as conditional payment for the goods a negotiable instrument but the condition has been broken by reason of the dishonor of the instrument or the insolvency of the buyer
    unpaid seller
  32. Include everything indespensable for sustenance, dwelling, clothing medical attendance, education and transportation
    necessaries
  33. The balance is payable in its entirely after the payment of an initial sum
    straight sale
  34. A contract for the delivery at a certain price of an article to be manufactured specially for the customer and upon his special order and not for the general market
    piece of work
  35. The sum stipulated as the equivalent of the thing sold
    price
  36. The right to be subrogated upon the same terms an conditions stipulated the contract, in the place of one who acquires a thing by purchase or dation in payment or by any other transactionwhereby ownership is transmitted by onerous title
    legal redemption
  37. Seller's undetaking that the buyer shall enjoy legal and peaceful possession of the thing sold
    warranty against eviction
  38. A stipulation in a contract of sale involving an immovable that the sale is automatically rescinded upon failure by the buyer to pay the price
    pactum commissorium
  39. Delivery of the keys of the plce where a movable is kept or sold
    symbolic delivery
  40. Contract for the storage of goods for a compensation
    warehouse receipt
  41. Buyer's remedy which involves the proportionate reduction in the price of the thing purchased
    accion quanti minoris
  42. A unilateral promise to buy or sell a thing which is not accepted by the promisee
    policitacion
  43. An unpaid seller's righ to retain the goods for the price while he is possession of them
    possessory lien
  44. Remedy of a buyer to withdraw from the sale and ask for damages
    accion redhibitoria
  45. An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner
    easement or servitude
  46. a person employed by the seller or auctioneer to raise the price in an auction sale
    by-bidders or puffers
  47. A document issued by a common carrier acknowledging the receipt of the goods and agreeing to transport and deliver them to a specified place
    bill of lading
  48. Right of seller to repurchase the thing sold and the exercise of which was reserved by the seller at the time of sale
    conventional redemption
  49. Delivery which takes place when the seller continues in possession of the thing sold after the sale but as lessee depositary, or otherwise
    traditio constitutum possessorium
  50. The creditors are given the right to sell the debtor's properties and apply the proceeds to their respective claims
    payment by cession
  51. it has for its purpose the transfer to another person of the right to collect debt
    assignment of credit
  52. sale of an expected thing
    emptio rei sperati
  53. The receipt thereof by the agent, in addition to the ordinary commision, will make the agent bear the risks of collection
    del credere commision
  54. The person who gives authority to another to perform a certain act in the former's behalf
    principal
  55. It comprises all the business of the principal
    general agency
  56. The nature of the relationship of the principal and the agent, which is founded on trust and confidence
    fiduciary
  57. This refers to the act of the principal of terminating the agency at will
    revocation
  58. He serves as intermediary between his principal and the buyer or seller and has no relation to the property subject matter of the transaction
    broker
  59. A contract whereby a person binds himself to render some service or to do something in representation or in behalf of another, with the consent ad authority of the latter
    agency
  60. A person appointed by the agent to perform the tasks entrusted to him by the principal
    substitute
  61. This refers to the submission of the controversy to a third person for decision and which will require a special power of attorney when made by an agent in be half of his principal
    arbitration
  62. A contract whereby the parties agree to make reciprocal concessions to avoid or end a litigation, and the performance of which by an agent will require a special power of attorney from the principal
    compromise
  63. A mode of extinguishment of an agency when the agent terminates the agency by giving notice of such termination to the principal
    withdrawal
  64. A person who performs a service or does something in representation or in behalf of another with the latter's consent and authority
    agent
  65. A penalty which deprives a person of the right to manage or dispose his property and which will cause the extinguishment of an agency if imposed upon the principal ir the agent
    civil interdiction
  66. The authority required when the act to be performed by an agent is an act of ownership or strict dominion, a gratuitous act, or an act where trust and confidence is the essence of the agreement
    special power of attorney
  67. They refer to the orders givn by the principal to his agent relating to the manner by which the agency shall be carried out
    instructions
  68. An agency that is inferred from the acts of the principal or form his silence or inaction, or from his failure to repudiate the agency knowing that another person is acting in his be half without authority
    implied agency
  69. The authority given by the principal to his agent when the act to be performed is an act of administration
    general power of attorney
  70. An agency that is entered into orally or in writing
    express agency
  71. An agency that comprises one or more specific transactions
    special agency
  72. A person who buys and sells goods consigned or delivered to him by his principal, for a compensation known as commission
    commission agent
  73. The receipt thereof by the agent in addition to the ordinary commission will make the agent bear the risks of collection
    del credere commission
  74. A penalty which deprives a person of the right to manage or dispose his property and which will cause the extingishment of an agency if imposed upon the principal or the agent
    Civil Interdiction
  75. A contract whereby the parties agree to make reciprocal concessions to avoid or end a litigation and the performance of which by an agent will require a special power of attorney from the principal
    compromise
  76. This refers to the submission of the controversy to a third person for decision and which will rewuire a special power of attorney when made by an agent in behalf of his principal
    arbitration
  77. This refers to the act of the principal of terminating the agency at will
    revocation
  78. A mode of extinguishment of an agency when the agent terminates the agency by giving notice of such termination to the principal
    withdrawal
  79. A contract that can stand by itself
    principal contract
  80. The cause, with respect to one party is the prestation or the promise of a thing or service by the other party
    Onerous Contract
  81. A contract whose fulfillment depends upon chance
    aleatory contract
  82. Only one party is obliged to give or something or to do
    Unilateral contract
  83. The contracting parties may establish such terms and stipulations as they may deem convenient provided they are not contrary to law, morals goo customs public order or public policy
    liberty of contract
  84. the principle that contracts are perfected by mere consent
    consensuality of contract
  85. A stipulation that clearly and deliberately confers a favor upon a third person
    Stipulation pour autrui
  86. The offerree is given a certain period within which to buy or not the thing being offered
    option contract
  87. A vice of consent where a person is compelled by a reasonable and well-grounded fear of an imminent an grave evil upon his person or property of his spouse ascendant, or descendant
    intimidation
  88. The parties do not intend to be bound at all
    absolutely simulated contract
  89. The remedy in equity by means of which a written instrument is made to conoform to the real intention of the parties when some error has been committed
    reformation of contract
  90. The cause thereof is the service remunerated
    remuneratory contract
  91. The action that is brought to set aside a voidable contract
    annulment
  92. They are inherent in a contract unless set aside or suppressed by the parties
    natural elements of a contract
  93. Involves preliminary negotiations and bargaining with no arrival yet of a definite agreement
    preparation of a contract
  94. The must be in the form provided by law, in addition to having the 3 essential requisites of a contract
    formal contract
  95. The term used when both parties to a contract are guilty
    pari delicto
  96. A contract that is perfected by mere consent
    consensual contract
  97. Its existence depends upon another contract
    accessory contract
  98. The period of temporary sanity of an insane person
    lucid interval
  99. It exists when serious or irresistible force is employed to obtain consent
    violence
  100. Inadequacy of cause in a contract
    lesion
  101. It has all the essential requisites of a contract but which may be set aside by reason of injury or damage to third persons
    rescissible contract
  102. It is designed to prevent the commission of fraud by requiring certain contracts to be in writing
    statute of fraud
  103. The delivery of the object is required for its perfection
    real contract
  104. It has a special name under the law
    nominate contract
  105. The cause thereof is the liberality of the benefactor
    gratuitous contract
  106. Both parties are required to perform reciprocal prestations
    bilateral contract
  107. The principle that the contract has the force of law between the contracting parties and must be complied with in good faith
    obligatory force of contract and compliance in good faith
  108. It must refer to the substance of the thing which is the object o the contract or the principal conditions which moved a party into the contract, in order to vitiate consent
    mistake
  109. The particular reason of a party in entering into a contract
    motive
  110. The remedy allowed by law to the contracting parties and to third persons to repair the damages caused them by contract
    rescission
  111. It is defective by reason of the incapacity or vitiated consent of one of the parties to a contract
    voidable contract
  112. Elements without which a contract would not exist
    essential elements of a contract
  113. The terms of the contract have been fulfilled resulting in its accomplishment
    consummation of a contract
  114. A contract that does not have any special name under the law
    innominate contract
  115. A contract where the parties give equivalent values hence there is real fulfillment
    commutative contract
  116. The manifestation of the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract
    consent
  117. The principle that a contract must bind both contracting parties and that its validity or compliance cannot be left to the will of one of them
    mutuality of contract
  118. The use of insiduous words or machinations to obtain consent
    fraud
  119. An accessory penalty which deprives a person during the term of his sentence of the rights of parental authority, of guardianship, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or conveyance inter vivos
    civil interdiction
  120. It is present when a person takes improper advantage of his power over the will of another depriving the latter of a reasonable freedom of choice
    undue influence
  121. The parties that contracts take effect only between the contracting parties, their assigns and heirs
    relativity of contract
  122. The adoption or affirmation of a contract which is defective because of a party�s vitiated consent or incapacity
    ratification
  123. A contract without any force and effect since the beginning
    void contract
  124. They refer to the stipulations agreed upon by the contracting parties such as terms of payment, interest rate, etc.,
    accidental elements of a contract
  125. The stage of a contract when there is a meeting of minds between the parties on a definite subject matter and valid cause
    perfection
  126. It exists in those cases in which a person, without negligence, has signed an instrument which was in fact, a negotiable instrument, but was deceived as to the character of the instrument and without knowledge of it
    fraud in factum or in esse contractus
  127. An alteration made by a stranger to the instrument
    spoliation
  128. A separate paper attached to a negotiable instrument where an indorsement or the acceptance of a bill of exchne is written
    Allonge
  129. The authority for confession of jugment before the action is begun
    Warrant of attorney
  130. Any consideration sufficient to support a simple contract
    Value
  131. The counterfeit making or fraudulent alteration of any writing, and may consist in the signing of another's name, or the alteration of an instrument in the name, amount, description of the person and the like, with the intent to defraud
    Forgery
  132. Includes not only a promise to pay on the part of the maker but also grants permission to the payee to take jugment against the maker without trial if the maker fails to pay on maturity date
    Cogovit note
  133. The act of appointing another as one's agent or attorney and which operates as notice that an agent has a limited authority to sign
    signature by procuration
  134. The provision in a negotiable instrument which states that the whole amount on the instrument shall become ue in cae of default in the payment of an installment or of of interest
    acceleration clause
  135. Literally, "his pleading beng abandoned": it refers to a confession of judgment accompanied by withdrawal or defense
    relicta verificatione
  136. The party who executes the written promise to pay
    maker
  137. The payee or indorsee of a bill or note who is in possession of the instrument, or the bearer thereof
    holder
  138. A personal defense where party is deceived into signing for a larger amount than he intendedm or on different terms in a negotiable instrument
    fraud in inducement
  139. The act of informing the drawer and each indorser that an instrument has not be been accepte by the drawee, or that it has not been paid by the acceptor, in the case of bill exchange, or by the maker, in the case of promissory note
    Notice of dishonor
  140. An unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demander at a fixed or determinable furture time, a sum certain in money, to order or to bearer
    Promissory note
  141. The difference in value of the same amount of money n different countries
    Exchange
  142. A holder who takes the instrument free from defect or title of prior parties and free from personal defenses available to prior prties among themselves
    Holder in due course
  143. The person who executes the written order to pay a bill of exchange
    Drawer
  144. A bill exchange drawn on a bank which is payable on demand
    check
  145. Literally, "he has confessed action : it refers to a written cofession of defendant acknowledging indebtedness to paintiff after action has been file
    Cognovit actionem
  146. An indorsement that constitutes the indorser a mere assignor of the title the instrument
    it is usually made by adding to the indorser's signature the words "withour recourse"
  147. The transfer of a negotiable instrument from one person to another in such a manner as to constitute the transferee the holder theorof
    Negotiation
  148. An unconditional order in writing addresse by one person to another, signed by the person giving it, requiring the person to whom it is addressed, to pay on demand or at a fixed or determinable future time, a sum certain in money to order or bearer
    Bill of echange
  149. It takes place when an instrument or presented for payment but payment is refused or cannot be obtained
    Dishonor by non-payment
  150. The formal declaration drawn up and signed by notary the he presented a bill of exchange for acceptance or for payment and that it was refused
    Protest
  151. An indorsement that specifies no indorsee and makes the instrument payable to bearer
    Blank indorsement
  152. The production of the bill of exchange to the drawee for acceptance
    Presentment for acceptance
  153. It grows out of the agreement or the conduct of a particlar person in regard to the instrument which renders it inequitable for him, though holding legal title, to entorce it against the defendant, but which is not available against a holder in due course
    Personal defense
  154. One that attaches to the instrument itself and can be set up against the whole world including a holder in due curse
    Real defense
  155. It takes place when a bill of echange is presented for acceptance and such acceptance is refused or cannot be obtained
    Dishonor by non-acceptance
  156. A method of transferring an instrument whereby the transferee is merely placed in the position of the transferor and acquires the instrument subject to all defenses that might have been set up against the original payee
    Assignment
  157. An indorsement that prohibits the further negotiation of the instrument, or constitutes the indorsee a mere agent of the indorser, or vests the title in the indorsee in trust for some other person
    Restrictive endorsemet
  158. The production of a promissory note to the party primarily liable on the instrument for the payment of the same, or of a bill of exchange to the drawee or acceptor for payment
    Presentment for payment
  159. One who gives valuable consieration for an instrument issued or negotiated to him
    Holder for value
  160. The first delivery of an instrument, complete in form, to aperson who takes it as holder
    Issue
  161. The person who is given the command by the drawer to pay the payee
    Drawee
  162. The person or party to whom an instrument is negotiated by the indorsement
    Indorsee
  163. The person who signifies his acceptance to the order of the drawer
    Acceptor
  164. One that has knowledge of the conditions or limitaations placed upon the delivery of the instrument or the fact that the instrument was never delivered
    Immediate party
  165. Dating an instrument earlier than the date of issue
    Ante-dating
  166. An indorsement that is subject to the happening of a contingent event
    Conditional endorsement
  167. Aperson who transfers a negotiable instrument by means of an indorsement
    indorser
  168. The party to whom a bill of exchange is drawn payable or in whose favor a promissory note is made payable
    Payee
  169. An indorsement that specifies the person to whom or to whose order, the instrument is to be payable
    Special indorsement
  170. A person who, not otherwise a party to the instrument, places thereon his signature in blank before delivery
    Irregular or anomalous indorser
  171. He is one who has signed the instrument as maker, drawer. indorser or acceptor, without receiving value therefor, and for the purpose of lending his name to some other person
    Accomodation party
  172. The attribute that allows a negotiable instrument to be passed from one person to another so as to give a holder in due course the right to hold the instrument free from defect of title of prior parties and free from defences available to prior parties among themselves, and to enforce the full amount of the instrument against all parties liable thereon
    Negotiablity
  173. Dating an instrument later than the date of issue
    Post-dating
  174. A bill composed of various parts, each part being numbere, and containing a reference to the other parts, all of which parts constitue but one bill
    Bills in set
  175. Ownership of a thing is transferred to the creditor to settle a monetary obligation.
    dacion en pago
  176. Lacks formalities but nevertheless shows the real intention of the parties to create a specific property to secure the performance of an obligation.
    equitable mortgage
  177. They refer to interchnageable goods such as garin, oil that allow one to be replace by another without loss of value
    fungible goods
  178. proof of perfection of a contract of sale
    earnest money
  179. includes warehouseman carrier or other person who receives thepossession or custody of the thing delivered
    bailee
  180. Even professional inspection is not sufficient to discover it
    redhibitory defect
  181. Exercised by the seller by obtaining actual possession of the goods or by giving notice to the carrier or other bailee having actual possession of the goods
    stoppage in transitu
  182. It is made by thebuyer with knowledge of risk of eviction hence the seller will not have any liabiity if the buyer is evicted
    waiver intencionada
  183. ownership is transferred to buyer upon delivery but he has the option to revert such ownership to the seller
    sale or return
  184. Ownership of the thing sold is retained by the seller despite delivery to the buyer, but the latter agrees to pay the price if he finds the thing satisfactory
    sale on trial
  185. Delivery that takes place when the buyer who was in the possession of the thing sold at the time of sale continues in possession of the same as owner
    traditio brevi manu
  186. negotiated by indorsement
    order document of title
  187. sale of property to the highest bidder
    auction
  188. The party to a contract of sale who is obligated to transfer the ownership of and deliver a deterinate thing
    vendor
  189. The consideration paid for the purpose of holding one to his promise to buy or sell a determinate thing for a certain period of time, which consideration is separate and distinct from the purchase price
    option money
  190. Applies to persons who under certain circumstances, cannot purchase certain property
    Relative incapacity
  191. The person obligated to pay the price of the thing purchased
    vendee
  192. Delivery of a movable by mere agreement of the parties if the thing cannot be transferred to the vendee at the time of sale
    traditio linga manu
  193. Negotiated by mere delivery
    bearer ocument of title
  194. It is made by the buyer without knowledge of the risk of eviction
    waiver consciente
  195. The consideration of the contract is another thing
    barter
  196. Applies to persons who cannot bind themselves in a contract including a contract for sale
    absolute incapacity
  197. A document used as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, the goods represented by such document
    document of title
  198. Right given to an adjoining owner of an urban land to purchase the same ahead of others if such land is held for speculation
    right of pre-emption
  199. Delivery through the execution of a public document
    legal formalities
  200. The deprivation by final judgment of the vendee of the whole or a part of the thing sold based on a right prior to the sale or an act imputable to the vendor
    Eviction
  201. Refer to goods to be manufactured, raised or acquired by the seller
    future goods
  202. The sale of hope or expectancy
    Emptio spei
  203. Includes one who has received as conditional payment for the goods a negotiable instrument but the condition has been broken by reason of the dishonor of the instrument or the insolvency of the buyer
    unpaid seller
  204. Include everything indespensable for sustenance, dwelling, clothing medical attendance, education and transportation
    necessaries
  205. The balance is payable in its entirely after the payment of an initial sum
    straight sale
  206. A contract for the delivery at a certain price of an article to be manufactured specially for the customer and upon his special order and not for the general market
    piece of work
  207. The sum stipulated as the equivalent of the thing sold
    price
  208. The right to be subrogated upon the same terms an conditions stipulated the contract, in the place of one who acquires a thing by purchase or dation in payment or by any other transactionwhereby ownership is transmitted by onerous title
    legal redemption
  209. Seller's undetaking that the buyer shall enjoy legal and peaceful possession of the thing sold
    warranty against eviction
  210. A stipulation in a contract of sale involving an immovable that the sale is automatically rescinded upon failure by the buyer to pay the price
    pactum commissorium
  211. Delivery of the keys of the plce where a movable is kept or sold
    symbolic delivery
  212. Contract for the storage of goods for a compensation
    warehouse receipt
  213. Buyer's remedy which involves the proportionate reduction in the price of the thing purchased
    accion quanti minoris
  214. A unilateral promise to buy or sell a thing which is not accepted by the promisee
    policitacion
  215. An unpaid seller's righ to retain the goods for the price while he is possession of them
    possessory lien
  216. Remedy of a buyer to withdraw from the sale and ask for damages
    accion redhibitoria
  217. An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner
    easement or servitude
  218. a person employed by the seller or auctioneer to raise the price in an auction sale
    by-bidders or puffers
  219. A document issued by a common carrier acknowledging the receipt of the goods and agreeing to transport and deliver them to a specified place
    bill of lading
  220. Right of seller to repurchase the thing sold and the exercise of which was reserved by the seller at the time of sale
    conventional redemption
  221. Delivery which takes place when the seller continues in possession of the thing sold after the sale but as lessee depositary, or otherwise
    traditio constitutum possessorium
  222. The creditors are given the right to sell the debtor's properties and apply the proceeds to their respective claims
    payment by cession
  223. it has for its purpose the transfer to another person of the right to collect debt
    assignment of credit
  224. sale of an expected thing
    emptio rei sperati

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