Subsequent Theses on Controversial Law

Chiefly drawn from Books 5 and 6 of the Digests.

13. Observation 21 and 3, observation 8, also 14, observation 14. Wesembeck in the Paratitla of the Digests on this title, number 3; and on the Rubric of the Institutes for the same, number 1. Duarenus on this chapter, 2 and 12. Tilemann, Pandect Disputations 13, Thesis 4. The forced share original: "Legitima"; the portion of an estate that must by law be left to the closest relatives. is called the "natural quarter"; although it seems it was once introduced in Rome through the interpretation of the Jurisprudents Ancient Roman legal experts whose opinions helped shape the law.. See Antonio Contius, Subsequential Readings 1, chapter 3; Antonio Gouveia, Various Matters 2, 1. Tilemann, Pandect Disputations 13, Thesis 26. Antonius Matthaeus, Pandect Disputations 5, Thesis 13.

14. Even today, the use of the complaint of an undutiful will original: "querela inofficiosi"; a legal action to challenge a will that unjustly excludes close relatives. remains in practice. Donellus, 6th Commentary 13, and 19th Commentary 4. Viglius on the beginning of the Institutes regarding this. Antonius Faber, Decisions 14, Error 7.

15. We believe that a codicillary clause A provision in a will stating that if the document fails as a formal "will," it should still be treated as a "codicil" (a less formal document) to ensure its instructions are followed. does not prevent a will from being voided by the birth of a posthumous child original: "posthumi agnatione"; a child born after the father's death or after the will was written.: provided, of course, that the omission of the child was not done knowingly. Gail, 2nd Observation 114. Menochius, Counsel 449, book 5, and 4th Presumption 32. Thessaurus, Piedmontese Decisions 141. Fachinaeus, 4th Controversy 2. And thus, if a son or a posthumous child is omitted out of ignorance, the will is invalidated both regarding the appointment of heirs and regarding specific bequests: this is true even under the New Law The "Jure Novo," referring to the legal reforms of Emperor Justinian.. Law 30 on the disinheritance of children and posthumous heirs; Law 17 on unjust or voided wills. Gail, 2nd Observation 112, from the beginning. Menochius, 2nd Arbitrations 147.

16. If a son under paternal power original: "Filiofamilias"; a son who is still legally subject to the authority of the head of the household. is omitted in his father’s will, a complaint is not granted; rather, he can declare the will to be null. Hackelman, Illustrations 5, Thesis 2. But if a grandson is disinherited by his grandfather and the cause of ingratitude is proven, the grandson is not to be admitted to the complaint in his own person. Gomez, 1st Various Matters 11, number 21. Cujas on law 6 of the Digests on unjust or voided wills, and on law 9, section 2 on the disinheritance of children and posthumous heirs. Differently, Costalius on law 6, final section, and on law 14 of this title. Duarenus in the Commentary on this chapter, 8, at the end. Wesembeck, Counsel 71, number 16, etc.

17. Even natural children Children born outside of a legal marriage. can complain of an undutiful will. For although they do not possess a right to a forced share, Novel 89One of the "New Laws" of Justinian which granted certain inheritance rights to illegitimate children. does not merely grant permission but imposes a necessity to leave them two ounces A legal measurement meaning 1/6th of the estate.. To the contrary: Hotman, Disputations on Illegitimate Children, chapter 3. Cujas on Novel 18, and 2nd Observation 21; 3rd Observation 8; and 14th Observation 4.

18. Today, the forced share can still be left by a title other than formal appointment as an heir. Vaudus 1, question 5. Tilemann, Pandect Disputations 13, Thesis 29, volume 1. Bustus on law 8, section "if anyone because of death," number 2, on this title. Hackelman, Illustrious Disputations 6, Thesis 12. Arumæus, Disputations on the Laws 7, Thesis 21. See the Forensic Discourse of Marcellus Lycklama à Nyeholt.

19. We consider that Novel 115, chapter 3A law specifying the 14 valid grounds for disinheriting children. does not prevent parents from disinheriting children for equally serious or even more serious causes. Fachinaeus, 6th Controversy 78. Cujas on Novel 18. Bronchorst, 3rd contradictory original Greek: "εναντ." (enant.); referring to "enantioses" or opposing legal assertions. assertions 26. See Tilemann, Digest Disputations 13, Thesis 6, volume 1. However, the Religious Peace in the Romano-German Empire The Peace of Augsburg and subsequent treaties that regulated relations between Catholics and Protestants. does not permit the disinheriting of children because of their profession of the Reformed Religion; and vice versa. Friedrich Mindanus, 1st book, chapter 29, number 1. Jacob Aleman, Counsel 10.

A 3