Ius postliminii

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The ius postliminii , also Postliminium ( Eng. " Right to return home") granted Roman citizens in ancient Rome to regain their original rights after absenteeism abroad. He had lost this (temporarily) due to foreign law provisions.

The status quo ante bellum (Eng. "State in which things were before the war") could only be achieved if absence and return were not related to "dishonor". Defectors or deserters who were subsequently taken prisoner of war were excluded from the regulation. The same applied to Romans who had obtained their release from captivity with the intent to deceive.

It is assumed that the right of return was originally established for emigrants and, as part of the further development of Roman law, was also intended to give privileges to prisoners of war returning home later.

Individual evidence

1. ^ Heinrich Honsell, Theo Mayer-Maly, Walter Selb: Römisches Recht . 4th edition. Springer-Verlag Berlin, Heidelberg, New York 1987, p. 75, § 34: Capitis deminutio .
2. ^ Max Kaser: The Roman private law . Verlag CH Beck, Munich 1971, p. 290, § 68: Reasons for the creation of bondage .
3. ^ Max Kaser: The Roman private law . Verlag CH Beck, Munich 1971, p. 290, § 68: Reasons for the creation of bondage . See also Yann Le Bohec: The Roman Army . Franz Steiner Verlag, Stuttgart 1993, licensed edition for Nikol Verlagsgesellschaft Hamburg 2009, p. 271: The law and the soldier .

literature

• August von Bechmann : The Ius Postliminii and the Lex Cornelia: a contribution to the dogmatics of Roman law , Deichert, Erlangen 1872.
• Yann Le Bohec: The Roman Army . Franz Steiner Verlag, Stuttgart 1993; Licensed edition for Nikol Verlagsgesellschaft Hamburg 2009, ISBN 978-3-86820-022-5 .
• Max Kaser : Roman private law . Section 1: Ancient Roman, Pre-Classical and Classical Law . 2nd Edition. Verlag CH Beck, Munich 1971, ISBN 3-406-01406-2 .
• Heinrich Honsell , Theo Mayer-Maly , Walter Selb : Roman law . 4th edition. Springer-Verlag, Berlin, Heidelberg, New York 1987, ISBN 3-540-16866-4 .

Web links

• civil law online
• Eduard Friedrich Hase: The Jus postliminii and the Fictio legis Corneliae. A legal historical treatise , Pfeffer, Halle 1851 ( digital Bavarian State Library )