THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ CVII ~ |
A
PLAINTIFF MUST, BEFORE JOINDER OF ISSUE, AND WHEN HE FILES HIS COMPLAINT
WITH THE JUDGE, PROVE THAT HE DOES SO IN GOOD FAITH. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
If whatever is honorable and beneficial to human existence would never grow old, or lose its usefulness, but would remain forever green, this would be an extremely excellent thing. Wherefore, although it sometimes happens (and, indeed, this is very frequently the case) that the usefulness of a measure is lost because of neglect, those who are charged with maintaining the common welfare should be careful to restore it, in order that what is so generally advantageous may not be wasted. Hence We, restoring the force of a law, which was formerly beneficial but which subsequently fell into desuetude, do now remove the inconvenience attaching to its antiquity, and enable it to again enjoy the utility which it formerly possessed. It relates to persons who bring legal actions, and provides that before joinder of issue they must establish their good faith in court, by stating in writing that they do not desire to take any improper advantage of their adversaries; that they have not been convicted of a criminal offence; that they know that they have not been prohibited from engaging in litigation; and that they have no intention of injuring their opponents. These are the provisions of this law; they are wisely conceived and impose a penalty upon anyone who violates them, and they are applicable not only to parties litigant but also to advocates. Therefore, as We have already stated, We invest this law, which has fallen into desuetude and has become useless, with full force, and replace it in the number of Imperial enactments; and We decree that persons who, hereafter, may desire to institute legal proceedings, shall, before beginning litigation, observe what is prescribed. |
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