De sententia, re iudicata, appellationibus, & executione rei iudicatae, Theses L

XXXIV.
However, the Imperial Chamber does not correctly heed this last point.

XXXV.
Once an appeal has been legitimately made, one must seek apostoli letters of dismissal from the lower court within thirty days from the time the sentence was rendered. The appeal must be pursued within a year, or within two years if there is a just cause, from the time the appeal was interposed.

XXXVI.
The Imperial Chamber sets a six-month period for the prosecution of an appeal, which is not an unreasonable practice.

XXXVII.
The effect of an appeal is that, once it is interposed, nothing may be innovated, the execution is suspended, and if something was not proven in the prior instance, it may still be proven.

XXXVIII.
If an appeal has not been made legitimately, or has not been pursued in the legitimate time, so that it is considered abandoned, then the sentence passes into a res judicata adjudicated matter.

XXXIX.
This is unless the sentence contains manifest injustice or a judicial error, or if the appellant was prevented by fortuitous circumstance, or was in negotiations to settle or compromise the lawsuit.

XL.
Once the appeal is abandoned or was never interposed, if the sentence has passed into a res judicata, the execution must follow.

XLI.
Execution is performed by the magistrate who appointed the judge or arbitrator, or by the person to whom jurisdiction has been mandated.

XLII.
In actions concerning real property, it is done immediately if possible; in personal actions...