Theses de appellationib. attentatis et inhibitionibus

The Imperial Chamber, having embraced the opinion of Bartolus A famous 14th-century Italian jurist, desires a formal complaint and the contesting of the suit.

XLVI.
Furthermore, it has also been established that the principal cause, as well as the attempts, are to be litigated simultaneously in this case, and that one does not impede the other. But ought one to pronounce on both simultaneously? It is indeed the stronger view that the judge can take cognizance of the attempts without waiting for the principal cause.

XLVII.
In this condemnation, expenses and fruits perceived from the time of the interposed appeal also come into account.

XLVIII.
It is a peculiarity of the appellant that by attempting [an innovation], he loses the benefit of the appeal as if it were abandoned: and the judge may proceed in the execution as if it had never been appealed.

XLIX.
And these things are true especially when something is attempted after an inhibition. They call "inhibition" the letters by which the judge to whom the appeal is taken prohibits the judge a quo from whom the appeal is taken from henceforth doing anything in the same cause.

L.
This is decreed together with the citation when the appeal is made from a definitive sentence, or an interlocutory one having the force of a definitive one.

LI.
The cause finally having been known, if it was appealed from a simple interlocutory one,