Legal Definitions - res caduca

Res caduca is a legal term originating from Roman civil law, which literally translates to "a fallen thing." In modern legal contexts, it refers to property that has reverted or transferred to the state because there is no legal owner or heir to claim it. This concept is closely related to escheat, which is the process by which property, typically real estate or unclaimed assets, transfers to the government when an individual dies without a will and without any identifiable legal heirs, or when property is abandoned.

• Example 1: Unclaimed Inheritance

  An elderly individual passes away without having created a will, and after an extensive search, no living relatives or legal heirs can be identified. This person owned a small house and had a significant amount of money in a bank account.

  How it illustrates res caduca: In this situation, because there is no designated private owner or heir to inherit the assets, the house and bank account would be considered res caduca. After a legally mandated period and process, these assets would legally transfer to the state, which then assumes ownership.

• Example 2: Abandoned Real Estate

  A plot of undeveloped land in a suburban area has been left untended for several decades. The last recorded owner disappeared many years ago, and no one has paid property taxes, maintained the land, or claimed ownership since.

  How it illustrates res caduca: If, after a legally specified period of abandonment and public notification, no legitimate owner or heir comes forward to claim the land, it could be declared res caduca. The state or local government would then take ownership, often to prevent urban blight, facilitate development, or put the property to public use.

• Example 3: Dormant Bank Accounts

  A savings account at a financial institution has shown no activity for over fifteen years, and all attempts by the bank to contact the account holder have failed. The balance in the account is substantial.

  How it illustrates res caduca: In many jurisdictions, after a specified period of dormancy and failed attempts to locate the owner, such funds are considered res caduca. The bank would then be legally required to transfer these unclaimed funds to the state's treasury, which often holds them in trust for a further period in case the owner or their heirs eventually come forward.