Special disputes: household goods and claimed property

This chapter sets out the rules of judgment in disputes between two litigants over a single item of property: how proof, possession and the oath are apportioned, and how judgment is rendered when proofs confront one another or when neither of them exists. It covers the clash of two ownership claims depending on whether the item is in the hand of one of the two, of a third party, or of no one; the disagreement of spouses over household furniture; the preference of one proof over another; the dispute over a wall between two houses; and the claim of a marriage contract. The positions of the four schools are reported together with their bases and their classical references.

Parts of this section

• Second case: each of the two litigants holds proof
• First issue: preference by the number of witnesses