[PAPINIANUS libro uicensimo nono quaestionum. ] §38.16.15.prSi pater apud hostes moriatur, defunctum iam in ciuitate filium credimus patrem familias decessisse, quamuis patria potestate, quamdiu uixerit, non fuerit in plenum liberatus: itaque heredem habiturus est iste non reuerso patre.
[PAPINIANUS, from the twenty-ninth book of Questions.] If a father should die in the hands of the enemy, we believe that the son who has already died in the city died as a paterfamilias, even though he was not fully released from paternal power as long as he lived; therefore, this son will have an heir if the father does not return.
sed si postliminio redierit pater iam defuncto filio, quidquid medio tempore per eum quaesitum est, habebit: et non est mirum, si peculium quoque defuncti pridem filii defertur patri, cum ex eo natus potestatis ipsius fiat per suspensi iuris constitutionem.
But if the father should return by the right of postliminium when the son is already dead, he will have whatever was acquired through him in the meantime; and it is not surprising if the peculium of the son who died some time ago is also transferred to the father, since a child born of him becomes subject to the power of the father himself through the establishment of the suspended right.