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This is also true concerning parents.
XXXIII.
Sons of the family, fathers, tutors, curators, and proctors act in the name of another.
XXXIV.
A son of the family sues and defends either against a stranger, and then without doubt provides this oath; or against his father; regarding this, although others may dissent, we maintain the same.
XXXV.
Since a father can sue or defend only regarding adventitious peculium, he can swear to the calumny only regarding this specific matter. See the 21st and 22nd theses.
XXXVI.
Tutors and curators, just as they act in court in the name of wards and adults, are also bound to swear to the calumny if the adversaries request it.
XXXVII.
Proctors appointed for the property of a principal, since the principals themselves are generally competent to act on their own, cannot swear to the calumny by civil law.
XXXVIII.
But by Pontifical law and established custom, it has been introduced that they themselves, by the joining of the issue original: "litis conteftationem", having become masters of the lawsuit, swear to the calumny today. See Andreas Gail, Book 1, Observation 83, no. 1.
XXXIX.
We believe, however, that advocates should not swear, since nothing explicit is found about them in either civil or canon law.
Furthermore