## Themes of Contested Law

... 4. Eclogues 3. Zanger, On Exceptions, part 2, chapter 1, number 284. What if the property is a movable thing? original: "res mobilis"; property that can be moved, like clothes or livestock, as opposed to land. See Arumaeus, Disputations on the Principal Laws 8, Thesis 4.

6. Everyone should be summoned to court in the place where they entered into a contract. This holds true if they are actually found there; for there is no "remission" The transfer of a defendant to another jurisdiction. in contracts. Gail, Book 1, observation 36, number 14; and On the Public Peace 16, number 32. Coler, On Executory Process, chapter 1, number 38. See Justus Meier, Pandect Disputations 5, Thesis 223 and many following.

7. If certain parties submit themselves to a jurisdiction and agree upon a person who holds authority, jurisdiction is established: so says Ulpian A famous Roman jurist from the 2nd/3rd century AD. in Law 1 of this title. However, because the form of the State has changed today, and jurisdiction has been granted to each Estate Refers to the individual territories or princes within the Holy Roman Empire. individually as a right of inheritance, I would think that this extension of jurisdiction original: "prorogationem"; when parties agree to a judge who would not otherwise have power over them. no longer applies. See Arumaeus, Disputations on the Principal Laws 7, Thesis 2. Vultejus, On Jurisdiction, Law 1, number 118.

8. If someone is summoned by a Praetor A magistrate or judge. and it is doubted whether they fall under his jurisdiction, they must still appear. Law 5 of this title, where Busius comments. But if it is later established that the person is not under the jurisdiction of the one summoning them, and the Praetor nevertheless proceeds to hand down a judgment, he may be safely disobeyed. Based on the final law of the title "On Jurisdiction." Alberto de Rosate on the said Law 5. See Speck, 1, question 58. Indeed, whoever drags another into a forbidden trial loses their case. Law "In Criminali," Code on Jurisdiction. Trentacinque, Title 2, on judicial resolutions 8.

9. A judge cannot be younger than eighteen years of age. Law 57 of the Digest on Judged Matters. Bronchorst, Contradictions, Book 1, chapter 65. Cujas, 17th Observation 30. Arumaeus, Disputations on the Laws 7, Thesis 7. Likewise, a blind person cannot be chosen as a judge, though Duarenus argues otherwise. Busius on Law 12, number 6 of this title. Robertus, Sentences, Book 3, number 23. Donellus, 17th Commentary 24. See the most distinguished Rutger Ruland, Treatise on Commissions, Book 1, chapter 29, number 4. Matthias Stephanus, Book 1 on Jurisdiction, chapter 17, number 24.

10. In the past, even those who were unskilled in the law could be appointed as judges. Busius on Law 14, number 8 of this title. See Cujas on Novel 82 and Book 23, Observation 40. Corasius, 5th Miscellany 19. Robertus, Sentences, Book 3, 3. Hotman, Illustrious Questions 26. Vultejus, Disputations 8. Arumaeus, Disputations 7, Thesis 8.

11. An ordinary judge A judge with permanent, inherent authority over a territory. cannot be rejected as a "suspect" judge. Busius, 3rd Subtleties, chapter 10. Gail, 1st Observation 33. Menochio, Arbitrary Judgments, case 458. See Arumaeus, Disputations 7, Thesis 10. Furthermore, even a Prince cannot delegate a case while removing the right of the parties to reject the judge. Mynsinger, 3rd Observation 63. Gail, said observation 33, number 4. However, an exception by which a judge is rejected (being a "delaying" plea) is raised in vain after the joinder of issue. original: "post litem contestatam"; the formal point in a trial when the parties have stated their claims and the case is officially underway. Cujas, 9th Observation 23. Covarruvias, Practical Questions 26, number 2. But it cannot be raised after other delaying pleas have been made. Arumaeus, said Disputation 7, Thesis 12.

12. No one can be a judge in their own cause. Sole law of the Code, "That no one shall be judge in his own cause." Trentacinque, Title 2 on judicial resolutions 5. This also applies to the cases of one's own family or dependents. Law "Who to Jurisdiction," where Busius comments on jurisdiction. See Arumaeus, Disputations 7, Thesis 16. Lycklama, 5th Eclogues 5.

Title 2.

13. We attribute the complaint of an undutiful will A legal challenge by a relative who was unfairly disinherited. to custom, following Donellus. Donellus, 19th Commentary 4. See Viglius on the Institutes, § 2, number 6; and on § 5, number 7 of the Institutes regarding pupillary substitution. Cujas, 2nd Observation 21.