4.1.56 to 4.1.60

Again, if an alien brings the action of theft, or if, under the Lex Aquilia he sues or is sued for damage to property, he can avail himself of the fiction of Roman citizenship, and judgment can be rendered either for or against him. (38) Moreover, sometimes we may feign that our adversary has not suffered a loss of civil rights; for if a man or a woman has become liable to us under a contract, and he or she has afterwards undergone forfeiture of civil rights —as, for instance, the woman by coemption, and the man by arrogation —he or she ceases to be indebted to us under the Civil Law, and we cannot directly claim that either is bound to transfer anything to us. In order, however, that the party may not have power to annul our rights, an equitable action is granted against him or her by a fictitious rescission of the loss of civil rights; that is to say, one in which it is feigned that the party had not suffered a disability of this kind. (39) The divisions of the Formula are the following, the Demonstratio ,the Intentio ,the Adjudicatio ,and the Condemnatio . (40) The Demonstratio is that part of the Formula which designates the ground on which the case is brought, that is to say, the following part of the same: "For the reason that Aulus Agerius sold a slave to Numerius Negidius"; or "For the reason that Aulus Agerius left a slave in the keeping of Numerius Negidius". (41) The Intentio is that part of the Formula in which the plaintiff states his claim; for instance, as follows: "If it appears that Numerius Negidius should pay ten thousand sesterces to Aulus Agerius"; or, "Whatever it appears that Numerius Negidius should pay to, or do for, Aulus Agerius"; likewise, "If it appears that the slave in dispute is the property of Aulus Agerius, by quiritarian right".