Postliminium
idea · 2 works · 8 mentions · 11 anchored passages
postliminium · right of postliminium · jus postliminii · law of postliminium · recovery of things taken in unjust war · right of return
in the texts
The Rights of War and Peace
Roman legal doctrine by which persons or things recovered from the enemy are restored to their former legal status.
For a thing is lost in the same manner as it is recovered by postliminium.
What has been said of individuals applies to nations:
By the Roman civil law deserters were excluded from the right of postliminium.
Institutes of Roman Law
The legal fiction by which a Roman captured by enemies and later returning recovers all his former rights.
Quodsi ab hostibus captus fuerit parens, quamuis seruus hostium fiat, tamen pendet ius liberorum propter ius postliminii, quo hi qui ab hostibus capti sunt, si reuersi fuerint, omnia pristina iura recipiunt;
Postliminium is the recovery of rights by a person returned from captivity, or the recovery of rights over a person or thing recovered from hostile possession.
Though the hostile capture of the parent makes him a slave of the enemy, the status of his children is suspended by the jus postliminii, whereby on escape from captivity a man recovers all former rights: