In actions in personam, the judgment is for or against a person directly. Jurisdiction over the parties is required in actions in personam because they seek to impose personal responsibility or liability…
Category: Terms
Proceeding quasi in rem
A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed.61 In an action quasi in rem, an…
Action in rem
Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not…
Negotiorum Gestio
An extra-contractual obligation that is created whenever a person voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter. This juridical…
Test of Genuineness of Handwriting
Not formation and visual inconsistencies but the resemblance of characters; in general character; impressed by involuntary, unconscious, permanent. – Spouses Eduarte vs. CA
Laches
Is the failure to assert a right or neglect to exercise due diligence for an unreasonable length of time. Also called “estoppel by laches” is the negligence or omission to assert a…
Fraud and Undue Influence
Fraud There is fraud when, through the insidious (crafty, deceptive, tricky) words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not…
Pactum Commissorium
A stipulation in a contract which provides that the creditor or pledgee will automatically appropriate the thing mortgaged or pledged as security for a principal obligation when the debtor or pledgor did…
Notarial Prohibition
A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.
Redhibitory Defect
Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its…
English