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If against a sale of pledges. 28.
If against a donation. 29.
If against liberty. 30.
If a minor wishes to be restored to the original state against a transaction or division. 31.
If against a payment made by a debtor—others read: by a tutor—or by himself.
If restitution is requested against a dowry. 33. Such as because he gave a dowry beyond the means of his patrimony.
If against his own delict. 34.
If against usucapio acquisition by possession, that is, when one who has acquired his thing by use is requested for restitution. 35.
If against the treasury. 36. Whether he bought from the treasury or sold to it.
If against a creditor. 37.
If a minor has requested, that is, that he should abstain from an inheritance, that is, that he be allowed to abstain from that inheritance into which he rashly mixed himself. 38.
If (a minor requests) that, having omitted an inheritance or possession of goods, he may acquire something else. 39.
In which causes restitution to the original state is not necessary. 40.
Which minors, and against whom, cannot be restored to the original state. 41. When, that is, they were diligent heads of families and showed themselves industrious in public acts. Likewise against parents or patrons.
If a major said he was of age, or was proved to be of age. 42.
If often, that is, after they have suffered a rejection from restitution to the original state sought, restitution, that is, sought by minors. 43. They will not be admitted unless they seek restitution for a new cause.
On those who obtained indulgence of age. 44.
If, having become a major, he ratified it. 45.
Where and before whom the investigation of restitution to the original state should be agitated. 46.
On the reputations here: deductions/accounting adjustments which occur in the judgment of restitution to the original state. 47. Restitution granted to a minor restores everything to the original state: but if a minor seeks to have a farm sold by him restored to himself with its fruits, he will not be heard unless he also restores the price he received and the interest on the price, and the expenses of the improved farm, all of which must be settled in the judgment of restitution to the original state. Therefore, the judgment of restitution to the original state is diminished by these reputations.
That the cause of restitution to the original state can also be agitated by a proxy. 48.
With restitution to the original state requested, by a minor, that is, let nothing new be done. 49. And thus everything ought to be in its state until the matter is finished, just as otherwise during the pendency of a lawsuit, at which time the sentence cannot be sent for execution.
On the restitutions of soldiers and those who are absent for the sake of the Republic. 50. To whom restitution is usually given due to damage exceeding half the just price.
On the wives of soldiers and those who are absent for the sake of the Republic. 51. Whose wives, if they followed them and suffered damage through their absence, are usually granted restitution to the original state.
On the times of restitution to the original state, as much for minors as for other persons, and for those heirs who can be restored. 52.
For which causes majors may be restored to the original state. 53. If they were performing an embassy, if they were in prison or captivity at the time they suffered the damage, or if they were harmed.
On alienation made for the sake of changing the judgment. 54.
Such an alienation must be rescinded.
On accepted arbitrators. 55. That is, compromissory ones. It is the office of a good judge to ensure that lawsuits are defined by arbitration rather than coming to trial. The title in the Digest is fuller, in which we read about accepted arbitrators and that they should deliver their sentence.
On guaranteeing. 56. A proxy is bound to provide security for defending the cause and for paying the judgment.
On formulas and the petitions of actions having been abolished. 57. Formerly they were accustomed to be petitioned before the judge was approached. This title could have most conveniently been appended to the title on the edict above.
On giving an oath because of calumny. 58. From the plaintiff, that is, that he does not intend the lawsuit with the intention of calumny.
Judge and on the judgments themselves.
Judge.
On judgments. 1. That is, on the office of judges, which is engaged in the act of judgment itself.
On fees tips/small payments, that is, the salaries of legal persons, and expenses to be made in diverse judgments, and on the executors of lawsuits. 2.
On pedanei inferior/lower-court judges. 3. So called because they did not judge pro tribunali from the elevated bench (which was elevated) but stood or sat on level ground; to them, individual cases were delegated by magistrates to be heard. Others think they were so called because they judged at the feet of the tribunal on smaller benches.
Who, according to their jurisdiction, can give judges, that is, those who have ordinary jurisdiction, or who can be given. 4.
Lest anyone judge or speak the law in his own case. 5. By defining, or arbitrating, or interlocuting.
Plaintiff and Defendant,
Who have a legitimate standing in judgments or not. 6.
A ward and servants are allowed in certain cases, etc.
Plaintiff.
That no one should be compelled against his will to sue, in civil cases, or to accuse, in criminal cases. 7. However, the plaintiff cannot use this exception denying that he is compelled to pursue the lawsuit.
Defendant and some of his exceptions, which he is accustomed to oppose to the defendant in text: reo/defendant; error in source likely intended "plaintiff".
On the order of judgments. 8. This order is observed in judgments: that prejudicial, major, criminal, direct cases, and those of possessions are to be heard first; yet they can sometimes be accumulated.
On litis contestatio joining of the issue. 9. Which is the formal beginning and exordium of judgments, and this contestation is made not by a simple narration of the cause, citation, or petition, but by the defendant's denial and contradiction.
On plus petitions asking for more than is due. 10. Opposed by the defendant to the plaintiff: for a petition for more was formerly considered as an inept cause of the lawsuit.
On delays. 11. Given by the judge; which are very often requested by the defendant, so that he may produce his instruments and accounts, and also exhibit persons.
On holidays. 12. Which are delays given by law.
On the jurisdiction of all judges and on the competent forum. 13. The defendant is not compelled to undergo the jurisdiction of an incompetent judge against his will. Causes that make a competent forum are: law, custom, agreement of the parties, the judge's preemption, negligence, and denial of justice, one's own or paternal origin, domicile, privilege, contract.
When the Emperor should hear cases between wards, or widows, or miserable persons lest it be exhibited. 14. That is, they should be called from their own forum and their own province, even if such persons can drag their adversaries outside their own forum.
Where one ought to litigate concerning crimes. 15. There, that is, where the crime was either committed, or the cause begun, or where the defendant is found to have a domicile.
Where one ought to litigate concerning possession. 16. Where it is situated: one who has been ejected by force can sue.
Where one ought to seek a fideicommissum trust/bequest. 17. Where the inheritance was left, there the trust ought to be sought.