Kitap 7
2.3
When the dispute turns on prescription, there is no need to enquire into the facts of the case itself. For example, a son puts forward a demurrer against his father on the ground that his father has forfeited his civil rights. The only point which has to be decided is whether the demurrer can stand. Still, wherever possible, we should attempt to create a favourable impression in the judge as to the facts of the case as well, since, if this be done, he will be all the more disposed to give an indulgent hearing to our point of law: for example, in actions taking the form of a wager and arising out of interdicts, sponsio (= wager) was a form of suit in which the litigant promised to pay a sum of money if he lost his case. The interdict was an order issued by the praetor commanding or prohibiting certain action. It occurred chiefly in disputes about property. even though the question is concerned solely with actual possession, the question as to tile right to possession not being raised, it will be desirable to prove not merely that the property was actually in our possession, but that it was ours to possess.
