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The Digest of Justinian

§5.1.42.pr

Forum for Dowry Claims against Envoys Divorced in Rome

Explains the legal response regarding whether a husband serving as an envoy must defend himself in Rome in a dowry return suit if his wife divorces him there.

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[IDEM libro uicensimo quarto quaestionum.]

[THE SAME, Questions, Book XXIV.]

§5.1.42.pr

​Si uxor a legato1 Romae diuerterit, dotis nomine defendendum Romae uirum2 responsum est.

​If a wife has divorced an envoy in Rome, it was answered that the husband must defend himself in Rome under the name of dowry.

Syntax notes2 items
  1. 5.1.42.pra legato

    The preposition a governs the ablative of separation with the verb diuerterit ("divorced from the envoy"). This legatus ("envoy") refers to the same person as uirum ("husband") in the main clause.

  2. 5.1.42.prdefendendum ... uirum

    A construction of accusative with infinitive with esse omitted (defendendum esse uirum), where defendendum is a gerundive, forming the subject clause of the impersonal passive responsum est ("it was answered"). The verb defendere here means to "defend oneself in court" or "answer a suit".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.42.pr