Postliminium

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The Postliminium was a legal institution under international war law . In Roman law (historical evidence possible from Pomponius and Gaius, among others ), the ius postliminii meant that the citizen who came under the control of the enemy lost his legal capacity ( civil death ) until he had returned. The securing of wills (the postliminium in the lex Cornelia ) was carried out through the fiction of death at the time of imprisonment, provided the citizen did not return.

Under international law , the ius postliminium is the basis for the restoration of previous rule relationships or the establishment of legitimate state authority after the occupation by foreign powers.

There are also cases of appropriation of private property where the postal limit can be invoked.

Today, the idea of ​​restitution is mainly used in public law , while the ancient postliminium was mainly of a personal and private law nature.