La palabra del día: Caducidad

A feminine noun, from the Latin caducus, that falls, is a legal institution by which a right is extinguished or, if you wish, dies as a result of the expiration of the period legally established for its exercise without it having been exercised. The verb is caducar and the adjective caduco/a/s.
The main difference with the prescripción extintiva we saw yesterday resides in that the prescripción extintiva can just be brought as a defence by the interested party during their first presentation while the caducidad can be brought at any time and it can be even applied ex officio by the judge, because we are speaking about a right that, according to some authors, actually never existed. If the term of the prescripción is interrupted by any means (e.g. a demanda, see post), the term starts again from the beginning; but, if the term of caducidad is interrupted, it resumes from the same point.
An example of caducidad is the extinction of the right to appeal after the term to do it has expired. dc

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