4.1.171 to 4.1.175

(120) Exceptions are said to be either peremptory or dilatory. (121) Peremptory exceptions are those which are always valid, and cannot be avoided; for instance, the exception on the ground of intimidation or fraud, or of a violation of the law; or of a decree of the Senate; or because the case has already been decided; or that issue has been joined; or that an informal agreement was entered into "that suit should not, under any circumstances, be brought to recover the money. (122) Dilatory exceptions are such as are only valid for a time; for instance, the exception based on an informal agreement that suit shall not be brought within five years, and after that time has expired the exception cannot be pleaded. The exception of a divided claim, or that of a residual claim, is similar to this; for if anyone brings an action for a part of a debt, and should then bring another for the remainder in the same prætorship, he will be barred by the exception which is called that of a divided claim. In like manner, if one who has several claims against the same person brings suit on some of them, and defers doing so with reference to the remainder in order that they may be brought before other judges, and he then brings an action within the same prætorship, to recover those which he postponed, he will be barred by the exception styled that of a residual claim. (123) It should be observed, however, that the party against whom a dilatory exception may be pleaded ought to defer his action, other- [1] Pactum conventum . An agreement of this kind was not absolutely binding unless authorized by the Prætor who, however, rarely refused his sanction. When this was obtained, no difference existed between this kind of obligation and the contractus ,or formal convention, so far as their legal requirements were concerned. —ed.