[IDEM libro tertio decimo ad Sabinum. ] §49.15.16.prRetro creditur in ciuitate fuisse, qui ab hostibus aduenit.
[THE SAME, Book 13 on Sabinus] He who returns from the enemy is deemed retrospectively to have been in the state.
Justinian I · The Digest of Justinian §49.15.16.pr
Retroactive Effect of Postliminium on Citizenship
Summary
Ulpianus states the principle of the retroactive effect of postliminium, according to which anyone returning from the enemy is retrospectively deemed to have remained a citizen.
Notes
- §49.15.16.prRetro creditur ... qui ... aduenit — The passive verb `creditur` (is deemed) takes the relative clause `qui ab hostibus aduenit` (he who returns from the enemy) as its subject, forming a nominative with infinitive (nominativus cum infinitivo) construction with `fuisse`. The adverb `Retro` (retrospectively) expresses the retroactive effect of the *postliminium*, by which a returned captive is deemed to have maintained his citizenship throughout his captivity.
Cite this passage
Justinian I, The Digest of Justinian §49.15.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.15.16.pr
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