1.1.230 to 1.1.233

(186) Hence if a guardian is appointed of anyone by will under a condition, or from a certain day, a guardian can be appointed while the condition is pending, or before the time arrives. Likewise, if a guardian should be appointed absolutely, a guardian can be demanded under these laws, so long as no heir appears, and he will cease to hold his office as guardian when the one appointed by will acquires the right to act. (187) When a guardian is captured by the enemy, a substitute should be demanded under these laws, and he will cease to be guardian if the one who was taken captive should return, for, on his return, he will recover the guardianship by the law of postliminium . [1] (188) From this it is apparent how many different kinds of guardianships there are, and if we consider into how many classes they may be divided a long discussion will be required, for the ancient authorities entertained many doubts on this subject, and as we have examined it very carefully, both in the interpretation of the Edict and in the books which we have written on Quintus Mucius, it will be sufficient to state that certain jurists, for instance, Quintus Mucius, say that there are five classes, and others, like Servius Sulpicius, say that there are three; and still others, as Labeo, say that there are two; and [1] The jus postliminii of the Civil Law, was the privilege enjoyed by prisoners of war of being, upon their return, restored to all the rights which they possessed previous to their captivity. By the effect of this legal fiction they were considered never to have been absent at all. "Postliminium fingit eum qui captus est, in civitate semper fuisse ." The rule was also applicable to real, but not to personal property, unless the latter was speedily retaken, and hence became readily susceptible of identification.