Legal Definitions - caduca

Caduca (pronounced kuh-doo-kuh) is a Latin term that refers to:

1. Heritable property that is passed down to an heir in civil law.
2. Property that is forfeited due to a crime in Roman law. This is also known as lapse.
3. Property that has no heir or cannot be taken by a testamentary heir or legatee in Roman law. In such cases, the property would escheat to the state.

• When a person dies without a will, their property is considered caduca and will be distributed according to the laws of intestacy.
• In ancient Rome, if a person committed a crime, their property would be confiscated and considered caduca.
• If a person dies without any heirs or a valid will, their property would be considered caduca and would escheat to the state.

These examples illustrate the different ways in which the term caduca can be used in different legal contexts. In civil law, it refers to property that is passed down to an heir, while in Roman law, it can refer to property that is forfeited due to a crime or property that has no heir. Understanding the different meanings of this term is important for anyone studying law or inheritance.