Praeside Deo Optimo Maximo: Ex decreto et authoritate amplissimi Iurisconsultorum Collegii in inclyta Basiliensium Academia, pro solenni Docturae gradu in utroque Iure consequendo, subsequentes de litis contestatione Theses

XXV.
Some can contest a suit in their own name, others in the name of another. All who are not prohibited contest in their own name.

XXVI.
However, some are prohibited by nature, others by law.

XXVII.
Some who are alieni iuris under the power of another are prohibited by law, and some who are sui iuris of their own right; such as slaves and sons under paternal power, those under puberty or less than 14 years, and those less than 25 years.

XXVIII.
After the seventh year has passed, however, the laws do not oppose the idea that a ward can contest a suit under the authority of a guardian.

XXIX.
Slaves and sons under paternal power cannot contest a suit in the name of another, unless they are summoned in a matter of their peculium private property/funds; which matter pertains properly to sons under paternal power.

XXX.
Those who are of their own right do so either by public authority, such as fathers, guardians, curators, and administrators of the Republic; or by private authority, such as proctors, who contest a suit in the name of their principals.

XXXI.
But the contestation of a suit is made in court, and indeed by old law before the Praetor and the President; but in the time of Justinian, before any competent judge.

XXXII.
But if by chance the defendant consents to an incompetent judge, nothing prevents the suit from being contested before him; provided that he is such a person who presides for the tribunal, or has been appointed by the magistrate.