Quaestiones iuris controversae ... (1593) - Page 5

VII.

A judge cannot grant a man condemned to capital punishment to a maiden seeking him for marriage.
arg. l. 8. §. ult. C. ad L. Iul. de vi.

VIII.

A minor is not granted restitutio in integrum against a sworn contracta; although he may rightly proceed regarding the nullity of that contractb.
a auth. sacramẽta puberũ. C. si advers. vend. Geil lib. 2. obs. 41. b idem eod. lib. obs. 65.

IX.

A minor under 25 years of age, provided he has completed his 17th year, may serve as an attorney in a lawsuit.
§. justæ 5. & 6. fin. Inst. qui & quib. ex caus. man. l. minori. 51. ff. de procur. Cujac. lib. 22. obs. 16.

It is the opinion of all that those things which consist in mere faculty cannot be prescribed; which, without doubt, does violence to the laws.
prob. l. si quisquam. 7. ff. de divers. & tempor. præscript. l. si quis diuturno. ff. si serv. vindic. l. 2. C. de servit. l. 4. C. de præscript. 30. vel 40. an. faciunt ea, quæ tradit Vvesenbec. n. 7. paulò ante fin. vers. in privato a. &c. & vers. nam etsi &c. ff. de acq. rer. domin.

XI.

Which time should be regarded in making an estimate of a claimed object is a matter of the most intricate questioning: and I consider this definition of it to be more solid than the rest: That if indeed the matter concerns a certain thing that is owed in specie, we should say that the time to be looked at is that, after the default, in which the thing was worth the most or the least compared to the time of the condemnation or the destruction of the thinga. But if, on the other hand, the question concerns a thing that is to some extent uncertain, such as one that consists in genus, then the time should be either that which was specified for paymentb, or, if none was specified, the time of the litis contestatioc; unless the default of one or the other of the parties occurred on the appointed day, in which case the time at which it was worth more or less, whether it be the appointed day or the litis contestatio, comes into considerationd. Both parts of this rule are the same in all trials, whether they be of good faith, strict law, or arbitrarye.
a l. 3. ff. de condict. trit. l. 8. §. 1. de condict. furt. b l. vinum. 22. ff. de reb. cred.