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

contested, because even if he responded to the principal cause, no suit could yet appear.

LXXX.
Now, indeed, according to the distinction of some, a peremptory exception concerns either the principal cause, or the principal cause and the process of the judgment simultaneously.

LXXXI.
In the first case, they hold that when a peremptory exception is objected, the suit is contested, because this implied confession contains a denial.

LXXXII.
In the second case, they again distinguish whether such an exception is opposed to the process or to the principal cause. There, they think the suit is not contested; here, however, they think it is contested.

LXXXIII.
Others distinguish among the peremptory exceptions themselves. For some of these, if opposed before the contestation of a suit, prevent it from being made, as is the exception of transaction settlement and of an oath.

LXXXIIII.
Others, however, do not obstruct the agents from instituting actions, but only stop their course for a time, and they cause this, that with the actions interrupted, one must dispute about the objected exceptions, as are the exceptions of payment, of acceptilation formal release from debt, and all those by which a right in a thing and in a person is extinguished.

LXXXV.
However, by exceptions of either kind, the suit is seen to be contested not properly and directly, but only indirectly.

LXXXVI.
The effects of the contestation of a suit are various, of which some make the condition of the plaintiff better, others, however, worse.

LXXXVII.
The following effects make it better. For first, with the suit contested,