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Justinian I · The Digest of Justinian §2.4.21.pr

Summons in the Home and Prohibition of Dragging Out

Passage 285 of 9271 · Latin

Summary

Paulus states the principle that, although a person who is at home may sometimes be legally summoned to court, no one should ever be forcibly dragged out of their own house.

[PAULUS libro primo ad edictum. ] §2.4.21.prSed etsi is qui domi est interdum uocari in ius potest, tamen de domo sua nemo extrahi debet.
[PAULUS, in the first book on the Edict.] But even if a person who is at home can sometimes be summoned to court, nevertheless no one ought to be dragged out of his own house.

Notes

  1. 2.4.21.prdomi — The locative case of the noun "domus" (house), meaning "at home" or "inside the house."
  2. 2.4.21.pris qui domi est interdum uocari in ius potest — The phrase indicates that a summons can sometimes be legally executed against someone who is inside their house, provided it is done from the outside (for example, by calling out from the doorway) without violating the domestic space.

Cite this passage

Justinian I, The Digest of Justinian §2.4.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.21.pr

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