Legal Definitions - caduca

Caduca is a term primarily used in civil law systems to describe certain types of property based on how it is legally transferred or disposed of. It generally refers to:

• Heritable Property: Assets that are legally designated to pass to an heir upon the owner's death. This is property that is capable of being inherited according to the law.
• Lapsed or Forfeited Property: Property that, for various legal reasons, cannot be claimed by an intended heir or beneficiary, or is forfeited due to a crime. In such cases, the property often reverts to the state or another designated entity.

Here are some examples illustrating the application of caduca:

• Example 1 (Heritable Property): In a country operating under a civil law system, a homeowner passes away, leaving behind their primary residence and a significant collection of antique furniture. Under the local inheritance laws, these assets are considered caduca, meaning they are legally designated to be inherited by their children as direct heirs, following the established legal process for succession.

  Explanation: This illustrates caduca as property that is inherently capable of being inherited and will legally pass to the designated heirs according to the applicable civil law.

• Example 2 (Lapsed Property due to Lack of Heirs): An individual dies without a will and, despite extensive efforts by legal authorities, no living relatives or legal heirs can be identified. In this situation, their entire estate, including their financial investments and any real estate, would be considered caduca because there is no one legally entitled to inherit it. Consequently, these assets would likely escheat (revert) to the state.

  Explanation: This demonstrates caduca in the context of property that cannot be taken by an heir due to their absence, leading to its reversion to the state as per legal provisions.

• Example 3 (Forfeited Property due to Crime): A person is convicted of a major fraud scheme, and the court determines that a luxury yacht and several high-value artworks were purchased directly with the proceeds of their illegal activities. The court orders the forfeiture of these specific assets. These items are deemed caduca in the sense that they are forfeited to the state as a penalty for the crime, preventing them from being retained by the criminal or passing to their heirs.

  Explanation: This example illustrates caduca as property that is forfeited due to criminal activity, thereby preventing it from being inherited or retained by the owner.