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Abandoned houses in Seacroft, Leeds, UK

The term abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length.

Abandonment, in law, is the relinquishment or renunciation of an interest, claim, privilege, possession or right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law.

In common law jurisdictions, both common law abandonment and statutory abandonment of property may be recognized. Common law abandonment may be generally defined as "the relinquishment of a right [in property] by the owner thereof without any regard to future possession by himself or any other person, and with the intention to foresake [sic] or desert the right...."[1] Common law abandonment is "the voluntary relinquishment of a thing by its owner with the intention of terminating his ownership, and without [the intention of] vesting ownership in any other person; the giving up of a thing absolutely, without reference to any particular person or purpose...."[2] (emphasis added) [footnotes and citations omitted]. An example of statutory abandonment in a common law jurisdiction is abandonment by a bankruptcy trustee under 11 U.S.C. § 554). In Scots law, failure to assert a legal right in a way that implies abandonment of it is called taciturnity.

Abandoned chimney stack in industrial area, Edmonton, Alberta, Canada
  • In respect of property, intentional abandonment is also referred to as dereliction, and something voluntarily abandoned by its owner with the intention of not retaking it is a derelict. Someone that holds or claims abandoned property is an abandonee. A piece of abandoned land is a relinquishment. A res nullius abandoned by its owner, leaving it vacant, belongs to no one. Occupying an abandoned empty house without permission is squatting.
  • Abandonment of an easement is the relinquishment by a nonuser, for a specified period, of some accommodation or right in another's land, such as right of way or free access of light and air.
  • Abandonment of domicile occurs when one ceases to reside permanently in a former domicile, coupled with the intention of choosing a new domicile. The presumptions which will guide the court in deciding whether a former domicile has been abandoned or not must be inferred from the facts of each case. In the United States, a tenant is generally understood to have abandoned a property if he or she has fallen behind in rent and shown a lack of interest in continuing to live there. The landlord must then send notice of the intent to sell the property and wait a certain number of days to take action on it. How long the landlord has to wait depends on the value of the property. The landlord can keep the money up to the costs incurred as a result of the abandonment; the rest must be set aside for the former tenant, should she or he eventually return.
  • In regard to property insurance, abandonment occurs when the insured surrenders to the insurer all rights to damaged or lost property and claims payment for a total loss. Sometimes, this is permitted only when damage constitutes constructive total loss. In marine insurance parlance, abandonment involves the surrender of a ship or goods to the insurer, who becomes the abandonee. Abandonment can also mean refusal to accept from a delivering carrier a shipment so damaged in transit as to be worthless.
  • In the domain of copyright, abandonment is recognized as the explicit release of material by a copyright holder into the public domain. However, statutory abandonment is a relatively unclear area of copyright law and the more common approach is to license work under a scheme that provides for public use rather than strictly abandoning copyright. For more information consult "disclaimer of interest".
  • Abandonment of trademark is understood to happen when a trademark is not used for three or more years, or when it is deliberately discontinued; trademark law protects only trademarks being actively used and defended.
  • In patent law, abandonment is relinquishment by an inventor of the right to secure a patent, in such a way as to constitute a dedication of the invention to public use.
  • In transportation regulationa, abandonment is permission sought by or granted to a carrier by a state or federal agency to cease operation of all or part of a route or service. Abandonment of railways has a legal signification in England recognized by statute, by authority of which the Board of Trade may, under certain circumstances, grant a warrant to a railway authorizing the abandonment of its line or part of it.
  • In military and naval practice and laws, the abandonment of a military unit by a soldier, a Marine, or an airman; or of a ship or a naval base by a sailor; can be called desertion; and being away from one's assigned location for a significant length of time can be called "Away Without Leave", "Absent Without Leave", or "Dereliction of duty". However, the term "Dereliction of Duty" also includes the offenses of being present but not carrying out one's assigned duties and responsibilities with the expected amount of effort, alertness, carefulness, ingenuity, and sense of duty. It other words, it includes slacking off on one's responsibilities to a significant degree - and especially when allowing bad things to happen while slacking off.
Note that in this context, the term "soldier" includes both officers and enlisted men (including females); the term "airman" includes both officers and enlisted men (including females); the term "sailor" includes includes both officers and enlisted men (including females); and the term "Marine" includes both officers and enlisted men (including females). Note that the military and naval term "airman" has always included females, and the U.S. Air Force ranks of Airman and Airman First Class have always included enlisted women in the Air Force.

Note that in all five of the Americn armed forces, including the U.S. Coast Guard there are airman of one kind or another - anyone in those services whose duties include aerial flight, including helicopter crewmen.

  • In Family law, desertion refers to intentional and substantial abandonment, permanently or for a period of time stated by law, without legal excuse and without consent, of one's duties arising out of a status such as that of husband and wife or parent and child. It can involve desertion of a spouse with the intention of creating a permanent separation. Desertion of one spouse by the other without just cause is called malicious abandonment. Child abandonment is often recognized as a crime, in which case the child is usually not physically harmed directly as part of the abandonment; distinct from this is the widely recognized crime of infanticide. Child abandonment is also called exposure or exposition, especially when an infant is left in the open.
  • Abandonment of a patient, in medicine, occurs when a health care professional (usually a physician, nurse, dentist or paramedic) has already begun emergency treatment of a patient and then suddenly walks away while the patient is still in need, without securing the services of an adequate substitute or giving the patient adequate opportunity to find one. It is a crime in many countries and can result in the loss of one's license to practice. Also, because of the public policy in favor of keeping people alive, the professional cannot defend himself or herself by pointing to the patient's inability to pay for services; this opens the medical professional to the possibility of exposure to malpractice liability beyond one's insurance coverage.

Notes

  1. ^ 1 Corpus Juris Secundum “Abandonment” § 2 (1985) (emphasis added) [footnotes and citations omitted].
  2. ^ Id.
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1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

ABANDONMENT (Fr. abandonnement, from abandonner, to abandon, relinquish; abandonner was originally equivalent to mettre a bandon, to leave to the jurisdiction, i.e. of another, bandon being from Low Latin bandum, bannum, order, decree, "ban"), in law, the relinquishment of an interest, claim, privilege or possession. Its signification varies according to the branch of the law in which it is employed, but the more important uses of the word are summarized below.

Table of contents

Abandonment of an Action

ABANDONMENT OF AN ACTION is the discontinuance of proceedings commenced in the High Court of Justice either because the plaintiff is convinced that he will not succeed in his action or for other reasons. Previous to the Judicature Act of 1875, considerable latitude was allowed as to the time when a suitor might abandon his action, and yet preserve his right to bring another action on the same suit (see NoNSUIT); but since 1875 this right has been considerably curtailed, and a plaintiff who has delivered his reply (see Pleading), and afterwards wishes to abandon his action, can generally obtain leave so to do only on condition of bringing no further proceedings in the matter.

Abandonment in Marine Insurance

ABANDONMENT IN MARINE INSURANCE is the surrender of the ship or goods insured to the insurers, in the case of a constructive total loss of the thing insured. For the requisites and effects of abandonment in this sense see Marine Insurance.

Abandonment of Wife and Children

ABANDONMENT OF WIFE AND CHILDREN is dealt with under Desertion, and the abandonment or exposure of a young child under the age of two, which is an indictable misdemeanour, is dealt with under Cruelty To Children.

Abandonment of Domicile

ABANDONMENT OF DOMICILE is the ceasing to reside permanently in a former domicile coupled with the intention of choosing a new domicile. The presumptions which will guide the court in deciding whether a former domicile has been abandoned or not must be inferred from the facts of each individual case. See Domicile.

Abandonment of an Easement

ABANDONMENT OF AN EASEMENT is the relinquishment of some accommodation or right in another's land, such as right of way, free access of light and air, &c. See Easement.

Abandonment of Railways

ABANDONMENT OF RAILWAYS has a legal signification in England recognized by statute, by authority of which the Board of Trade may, under certain circumstances, grant a warrant to a railway authorizing the abandonment of its line or part of it.


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Bible wiki

Up to date as of January 23, 2010

From BibleWiki

(More properly, SELF-ABANDONMENT)


A term used by writers of ascetical and mystical books to signify the first stage of the union of the soul with God by conforming to His Will. It is described as the first step in the unitive or perfect way of approaching God by contemplation, of which it is the prelude. It implies the passive purification through which one passes by accepting trials and sufferings permitted by God to turn souls to Him. It implies also the desolation which comes upon the soul when relinquishing what it prizes inordinately in creatures, the surrender of natural consolations in order to seek God, and the loss for a time of the consciousness of strong and ardent impulses of the virtues of Faith, Hope, and Charity; and finally aridity or a lack of fervent devotion in prayer and in other spiritual actions. According to some, it is equivalent to the "obscure night," described by St. John of the Cross, or the darkness of the soul in a state of purgation, without light, amid many uncertainties, risks, and dangers. It is also misused to express a quietistic condition of the soul, which excludes not only all personal effort, but even desires, and disposes one to accept evil with the fatalistic motive that it cannot be helped.

Portions of this entry are taken from The Catholic Encyclopedia, 1907.

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