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Justinian I · The Digest of Justinian §5.1.42.pr

Forum for Dowry Claims against Envoys Divorced in Rome

Passage 923 of 9271 · Latin

Summary

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.

[IDEM libro uicensimo quarto quaestionum. ] §5.1.42.prSi uxor a legato Romae diuerterit, dotis nomine defendendum Romae uirum responsum est.
[THE SAME, Questions, Book XXIV.] 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.

Notes

  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".

Cite this passage

Justinian I, The Digest of Justinian §5.1.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.42.pr

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