Abstract

The loss of freedom and citizenship were direct effects of the captivity of Roman citizens. The return of the captive, by application of the ius postliminii, meant the recovery of their rights. One of the main consequences of the captivity was the nullity of the testament made before or during the prison. The lex Cornelia de confirmandis testamentis eorum qui in hostium potestate decessissent,(84-81 B C.) would admit the previous testament of the captive through the fiction that he had died at the time of his capture. It seems that jurisprudence would have extended its effects to intestacy.


Keywords: Cautividad; postliminium; cognatio; intestacy.