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Simple English definitions for legal terms
postliminium
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A quick definition of postliminium:
Postliminium: This is a fancy word that means two things. First, it means coming back to your home after being away. Second, it means getting back something that you lost, like your rights or status. For example, if someone was captured in a war and then released, they would be considered to have come back by postliminium. It's like they never lost their rights or status in the first place. In international law, postliminium means invalidating all the bad things an occupying force did and restoring things to how they were before.
A more thorough explanation:
Definition: Postliminium refers to the act of restoring a person's lost rights or status, which relates back to the time of the original loss or deprivation. This term is commonly used in Roman and civil law, as well as international law.
Examples:
- If a prisoner of war is recovered and returns to their home country, they are said to have returned by postliminium. This means that their status as a free person is restored to the time before they were taken captive.
- In international law, postliminium refers to the act of invalidating all of an occupying force's illegal acts and restoring all illegitimately modified legal relations to their former condition. For example, if an occupying force seizes property that belongs to a civilian, postliminium would require that the property be returned to its rightful owner after the occupation ends.
These examples illustrate how postliminium is used to restore a person's rights or status to a previous state. In the case of a prisoner of war, postliminium restores their freedom and status as a citizen. In international law, postliminium restores property rights to their rightful owners after an occupation ends.