← Justinian I

The Digest of Justinian

§5.1.7.pr

Denial of Privileged Forum after Summons

It stipulates that even if a defendant gains a privileged jurisdiction, such as by becoming a soldier after being summoned to court, they do not have the right to recall the forum in the ongoing case, as they have already been anticipated.

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[IDEM libro septimo ad edictum.]

[THE SAME in the seventh book on the Edict.]

§5.1.7.pr

​Si quis, posteaquam in ius uocatus est, miles uel alterius fori esse1 coeperit, in ea causa ius reuocandi forum2 non habebit quasi praeuentus.3

​If anyone, after he has been summoned to court, becomes a soldier or comes to belong to another jurisdiction, he will not have the right to recall the forum in that case, as having been anticipated.

Syntax notes3 items
  1. 5.1.7.pralterius fori esse

    The genitive fori is used with esse to function as a possessive genitive (genitive of belonging), meaning "to belong to another jurisdiction."

  2. 5.1.7.prius reuocandi forum

    reuocandi is the genitive of the gerund, modifying the noun ius. Together with its accusative object forum, it refers to the right of a defendant to recall (or transfer) the litigation to their own proper or privileged jurisdiction.

  3. 5.1.7.prquasi praeuentus

    praeuentus is the nominative singular masculine of the perfect passive participle of praevenio (to anticipate, forestall), agreeing with the subject of the main clause quis. The particle quasi combined with the participle expresses a subjective reason ("as if anticipated" or "on the ground of being forestalled"), indicating that the defendant is barred from using the privilege because the court summons had already taken place.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.7.pr