... Theses hasce miscellaneas ex iure decerptas

-ro-gated him as to whether he wishes that to be his testament, and the testator has responded that he does: the testament is valid.

Regularly, the capacity to make a testament is permitted to all for whom it is not found to be prohibited; among others, however, children under the power of their parents are prohibited, who cannot make a testament even with the father’s consent. Furthermore, the most distinguished Wesenbecius asserts that children under the power of their parents cannot make a testament even regarding goods the usufruct of which is sought for the father, a position which we also follow in opposition to others.

A real action does not presuppose an obligation, because it arises neither from a contract or quasi-contract, nor from a delict or quasi-delict, but has its own efficient cause and requires on the part of the agent dominion or a right in the thing, and on the part of the defendant, possession.

Whether the principle of Digest 19, de Regulis Iuris: "He who contracts with another either is, or ought to be, not ignorant of his condition," has a place if someone has taken into marriage a woman who had been deflowered as if she were a virgin, and thus whether he is compelled to retain her: he surely acts more rightly and more humanely who retains the one who has been deflowered and covers her vice; indeed, reconciliation should be attempted with every care so that the deceived man might retain his wife, especially if there is hope of amendment. If this cannot be obtained and completed, it can be confirmed both by reasons and by the authority of many that the innocent party, and thus one who has been enormously deceived, should be pronounced free.

Whether a minor under 25 years of age is included in a statute which provides that a contumacious person in delicts shall be held for...