Decreto et consensu amplissimi Facultatis Iuridicae Ordinis inclyta & celeberrima Basiliensium Academia, pro summo consequendo in Utroque Iure Gradu, Ad subsequentes ex tit. Codicis de Iure Emphyteutico Positiones

XXX.
That question is more difficult: whether he loses his Emphyteutic right on account of the continuous sterility of three years if he cannot pay the rent? I think it is unjust to say so.

XXXI.
This is certainly true, unless the payment were very small, looking more to the recognition of ownership than to the yield: in which case he will not obtain a remission.

XXXII.
But what if there is a cessation in part of the rent? Does he lose the whole Emphyteusis? Although this is harsh, it is commonly accepted, especially if, when warned, he obstinately causes delay.

XXXIII.
The same is established for multiple heirs if some of them cease to pay; although it is fairer here that the deed of one should not harm another.

XXXIV.
Whether, however, the father not paying the rent prejudices the children, I judge must be decided from the tenor of the investiture. And if indeed he accepted it for himself and his children as heirs, it harms them; if for himself and his children as children, it does not harm them, which is the more common opinion.

XXXV.
The things we have said about the cessation of rent are true to such an extent that, having been deprived of his right, he can demand nothing back in the name of improvements, and he is compelled to pay the unpaid rent of former times, especially in an Ecclesiastical Emphyteusis.

XXXVI.
But whether an heir ignorant that the property is Emphyteutic, on account of not...