surrender


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Surrender

To give up, return, or yield.

The word surrender presupposes the possession or ownership of the thing that is to be returned or given up. It indicates a transfer of title as well as possession, but it does not express or in any way suggest the transaction of a sale and delivery. Instead, it involves yielding or delivering in response to a demand. A surrender may be compelled or it may be voluntary.

In landlord-tenant law, surrender occurs when a tenant agrees to return the leased premises to the landlord before the expiration of the lease and the landlord agrees to accept the return of the premises.

In this respect a surrender differs from Abandonment, which is simply a unilateral act on the part of the tenant. In contrast, a surrender arises through a mutual agreement between the lessor and lessee.

Surrender is used in many areas of Substantive Law. For example, in Criminal Law it refers to a suspect's giving up to the police. In insurance law the "cash surrender" value is the amount of money a person will receive when he elects to end a policy and take the proceeds allocated under the insurance contract.

surrender

v. 1) to turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) to give oneself up to law enforcement officials.

surrender

(Give back), verb abdicate, abjure, cede, disclaim, disown, forego, forfeit, forsake, hand over, let go, part with, reinstate, relinquish, render up, renounce, resign, restore, return, waive

surrender

(Yield), verb acquiesce, agree to, back down, be submissive, capitulate, concede, dedere, give in, obey, relent, submit, succumb, tradere
See also: abandon, abandonment, abdication, accede, alienate, alienation, bear, cancellation, capitulation, cede, cession, compromise, concede, concession, deliver, delivery, desuetude, discontinuance, discontinue, disposition, expense, forfeit, forgo, give, grant, introduce, leave, obey, perish, prostration, quit, relinquish, relinquishment, remise, render, rendition, renounce, resign, resignation, sacrifice, submit, succumb, vacate, waive, waiver, withdraw, yield

surrender

1 to give up a right.
2 the bringing to an end of a lease by the tenant's giving up his interest to his landlord. Surrender maybe express or implied: express surrender should be effected by deed whereas implied surrender can be gleaned from the behaviour of the parties indicating that they both regard the lease as at an end.

SURRENDER, estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement, Co. Litt. 337, b.
     2. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderer, and vests it in the surrenderee, even without the assent (q.v.) of the latter. Touchs. 300, 301.
     3. The technical and proper words of this conveyance are, surrender and yield up; but any form of words; by which the intention. of the parties is sufficiently manifested, will operate as a surrender, Perk. Sec. 607; 1 Term Rep. 441; Com. Dig. Surrender, A.
     4. The surrender may be express or implied. The latter is when an estate, incompatible with the existing estate, is accepted or the lessee takes a new lease of the same lands. 16 Johns. Rep. 28; 2 Wils. 26; 1 Barn. & A. 50; 2 Barn. & A. 119; 5 Taunt. 518, and see 6 East, R. 86; 9 Barn. & Cr. 288 7 Watts, R. 128. Vide, generally, Cruise, Dig. tit. 32, c. 7; Com. Dig. h.t.; Vin. Ab. h.t.; 4 Kent, Com. 102; Nels. Ab. h.t.; Rolle's Ab. h.t. 11 East, R. 317, n.
     5. The deed or instrument by which a surrender is made, is also called a surrender. For the law of presumption of surrenders, see Math. on Pres. ch. 13, p. 236; Addis. on Contr. 658-661.

References in classic literature ?
Duquesne, eleven other Frenchmen, and some of their own chiefs, and marched up within view of our fort, with British and French colours flying; and having sent a summons to me, in his Britannick Majesty's name, to surrender the fort, I requested two days consideration, which was granted.
At sunrise he summoned all hands; and separating those who had rebelled from those who had taken no part in the mutiny, he told the former that he had a good mind to flog them all round --thought, upon the whole, he would do so --he ought to --justice demanded it; but for the present, considering their timely surrender, he would let them go with a reprimand, which he accordingly administered in the vernacular.
Elton in vainby the surrender of all the dangerous pleasure of knowing herself beloved by the husband of her friend.
An evil recompense,'' said Rebecca, ``for the surrender of the rights which are dearest to humanity.
It appears they were at their wits' end what to do, the stores being so low that we must have been starved into surrender long before help came.
And yet, who, that knew anything about life, would surrender the chance of remaining always young, however fantastic that chance might be, or with what fateful consequences it might be fraught?
Vail's first step, naturally, was to stiffen up the backbone of this little company, and to prevent the Western Union from frightening it into a surrender.
Don Quixote stood looking on very calmly, and, when he saw him fall, leaped from his horse and with great briskness ran to him, and, presenting the point of his sword to his eyes, bade him surrender, or he would cut his head off.
They might, in most cases, either reduce him by famine, or tempt him by largesses, to surrender at discretion his judgment to their inclinations.
There was an extremely pathetic side to the surrender of these mighty fliers, the result of an age-old custom which demanded that surrender should be signalized by the voluntary plunging to earth of the commander of the vanquished vessel.
So here, after all my elaborate preparations for the siege of the White Sphinx, was a meek surrender.
Complete surrender to a particular mood until the mood itself surrenders to the artist, and afterwards silent ceaseless toil until a form worthy of its expression has been achieved -- this is the method of Li Po and his fellows.