Justinian I · The Digest of Justinian §5.1.7.pr

Denial of Privileged Forum after Summons

Passage 888 of 9271 · Latin

Summary

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.

[IDEM libro septimo ad edictum. ] §5.1.7.prSi quis, posteaquam in ius uocatus est, miles uel alterius fori esse coeperit, in ea causa ius reuocandi forum non habebit quasi praeuentus.

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

Notes

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."
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.
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.

Cite this passage

Justinian I, The Digest of Justinian §5.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.7.pr

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