Theses iuridicae et inaugurales de appellationibus

LI.

To the question, can an appeal be justified in the process with new causes and new proofs? I respond with the Doctors that it can be correctly done, when the provocation was made from a definitive sentence, provided that the proof is not made through witnesses, nor on the same or directly contrary articles; otherwise when it is from an interlocutory sentence, unless the old cause requires proofs in fact.

LII.

With the Appellant having died without an heir, every appeal is extinguished, whether it was civil or criminal; yet, even if an heir exists, it does not pass to him in such a way that he can be compelled to render the causes of the appeal, unless it is in the interest of the treasury or another against whom the provocation was made.

LIII.

There is another reason in the case of heirs of guardians, who were once compelled to prosecute an appeal indiscriminately, but today, by the constitution of the Emperors Severus and Antoninus, only before the accounts of the guardianship have been rendered.

P A R E R G A Side works or supplementary matters.

I.

That which is accepted by the common opinion of the Doctors, that an oath ought to be deferred to the actor plaintiff because of semi-full proof, seems to lack the foundations of the laws.