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 periodicals archive ?
This surrender does not mean that the police will not investigate any offences prior to its surrender and the public should be reassured that we will continue to vigorously investigate offences linked to any firearm we receive.
The California department sponsored the bill partly because of concerns that uncertainty about the effective date of an indexed annuity surrender, or market-value-adjusted annuity surrender, could lead to confusion about how much cash a contract holder would actually get from surrendering the contract, according to the state Senate Rules bill analysis.
British Ironwork Centre in Shropshire, is the organisation behind the Save a Life Surrender Your Knife.
Sources said the Intelligence Bureau ( IB) is unhappy with the manner in which the surrenders are taking place and has discussed the same with the Central Reserve Police Force ( CRPF), the force entrusted with the mandate of combating Maoist insurgency.
If your policy pays bonus, which you accrue during its term, the amount you will receive on premature closure (surrender) of the policy will be the special surrender value.
A large part of the literature dealing with the surrender of life insurance contracts concerns itself with valuation of the surrender option (see, e.
Landlords should be advised that their conduct upon a tenant's abandonment of a premises may lead a court to determine it acted consistently with accepting a surrender without a reservation of rights.
For a list of the local hospitals where the safe surrender posters can be picked up or to receive one via mail, call Tiffany De Vall at Providence Holy Cross Medical Center, (818) 898-4577.
Some unethical agents will encourage clients to exchange contracts, instituting a new surrender period and providing the agent with a new commission.
When an individual or business engages in a life settlement transaction, the amount it recoups is based on the policy's face amount and cash surrender value as well as other factors, such as the insured's health, age and the current policy premium.
resident companies for group relief surrender (subject to certain anti-avoidance rules) does not result in the same issue as the relief is effectively recaptured in years in which the branches are profitable.
The first three options were far from certain to compel a Japanese surrender quickly, however, and each posed serious military, political, and diplomatic risks.