Theses on Contested Law

20. In the calculation of the forced share, Latin: legitima; the portion of an estate legally reserved for certain heirs that cannot be taken away by a will. disinherited persons do not increase the number [of heirs]; instead, they are treated as if they were dead. Busius on law 23, the final paragraph; Cuiacius on Novel 18, chapter 1; Grassus, section on the forced share, question 7, number 7. Thus, even when a will is rescinded by a complaint Latin: querela; specifically the querela inofficiosi testamenti, a lawsuit to overturn an "undutiful" will that ignores close family. brought by brothers, the children of those brothers are scarcely admitted to the succession alongside their paternal uncles. Busius on law 1, number 8.

Title 3.

21. A petition for inheritance Latin: petitio hereditatis; a lawsuit where a claimant seeks to be recognized as the legal heir and take possession of the entire estate. is a purely real action. An "action in rem," or a legal claim regarding the ownership of a thing, rather than a personal debt. See Bellonius, 2 Calculations, chapter 3 and following; Hackelmann, Illustration 6, Thesis 16 at the beginning; Tilemann, Disputation 13, Thesis 37, volume 1; Arumaeus, Disputation 7, final Thesis. Thus, even against one who was in possession as a "possessor" or an "heir," having obtained the inheritance by a just title, A valid legal reason for possession, such as a perceived inheritance or purchase. a "helpful" Latin: utilis; a legal fiction used by judges to extend a law to a similar case not strictly covered by the original wording. petition for inheritance is rightly brought by the true heir. Against Busius on laws 9 and 13; see Fachinaeus, 1 Controversies 44.

22. In a petition for inheritance, the fruits Latin: fructus; the profits or produce of the property, such as rents or crops. already gathered are included, even if they have been consumed, and even if the inheritance is possessed in good faith. Latin: bona fides; the sincere belief that one is the rightful owner. This is a unique feature of universal judgments. Legal proceedings concerning an entire legal status or estate, rather than a single specific item. Busius on law 20; dissenting is Schiford, book 2, Treatise 20. However, the question of when someone is considered to have been "made wealthier" (enriched) is a matter of fact; therefore, it must be proven by the party making the allegation. Busius on law 23.

23. After the joinder of issue, Latin: litis contestatio; the formal point in a Roman trial when the dispute is officially framed and the parties submit to the judge’s authority. all parties begin to be treated as possessors in bad faith. Latin: mala fides; because once a trial starts, the possessor is officially aware that their right to the property is being challenged. Law "but even if" 21, paragraph "if before"; law 23, paragraph "so long as"; law 40; law 48 on acquiring ownership of things. See the section "even if for a thing" in the Institutes on the office of the judge; law 25 on interest; law 91, final paragraph on legacies 1; law "certain," Code on recovering property. Vultejus, 1 Disceptations, the last at the end; Ludovicus Charondas, 1 Verisimilia 7. Add Antonius Matthaeus, Pandect Disputations 5, Thesis 18.

Book 6, Title 1.

24. In the definition of an action, A legal proceeding to enforce a right. those words ("what is owed to him") should also be extended to real actions. Lyclama, 4 Eclogues 6. Likewise, in such cases, the possessor is the defendant, not the thing itself. The same author, Eclogue 7. And a person is held liable in a real action even if they ceased to possess through fraud Latin: dolus; intentional deception. or gross negligence, Latin: culpa lata; extreme carelessness that is treated similarly to fraud. even if they lost possession through fraud before the joinder of issue. Busius on law 36.

25. Whatever is written on my paper, or painted on my board, immediately becomes mine; although some have held a different view regarding a painting. Law 23, paragraph "but also that," where Paul Busius comments; see law "by what reason" 9, paragraph "but not" on acquiring ownership of things. Donellus, 14 Commentaries 36; Pacius, 3 Antinomies 43; Lyclama, 1 Eclogues 15. But the ownership of an entire ship follows the status of the keel. A legal rule of "accession": while writing belongs to the owner of the paper, the ship's identity is tied to its keel. Law 61; see law 26 on acquiring ownership of things. Antonius Fabrus, 6 Conjectures 15; Connanus, 3 Commentaries 6, number 3; Donellus, 4 Commentaries 12; Gilkenius in the section "when on his own" in the Institutes on the division of things; Antonius Matthaeus 5, Thesis 24; Lyclama, 7 Eclogues 15.

26. A possessor in good faith who is defeated in a claim for property Latin: rei vindicatio; a lawsuit brought by an owner to recover a specific thing. recovers the expenses and costs spent on the thing; in the case of a possessor in bad faith, account is likewise taken of "useful" expenses. Improvements that were not strictly necessary but increased the value of the property. Busius on law 48; Hackelmann, 6 Illustrations, final Thesis; see Antonius Matthaeus, Disputation 5, Thesis 19; Arumaeus, Disputation 8, Thesis 12; Lyclama, 7 Eclogues 4. But the good faith posses-