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 ?
"His camp has coordinated on his intention to surrender the firearms when he returns in the country," he said in a text message.
Former Goldman Sachs banker Roger Ng was surrendered to the US authorities for 10 months to face criminal charges in connection with the 1Malaysia Development Berhad (1MDB) scandal, said Attorney General Tommy Thomas.
Edgardo De Leon, the 403rd Infantry Brigade commander, there are already 40 NPA regulars and nine members of Milisyang Bayan who surrendered to the army units since January 2019.
There are some cases wherein those who surrendered are being allowed to stay in military camps because of the threats," said Albayalde.
Annuddin also surrendered his M16 rifle while Ammad handed over his Garand rifle to the personnel of the 2nd Special Forces Battalion on Monday afternoon.
In August 2017, 12 militants from the Baloch Republican Party (BRA) surrendered themselves to security forces in Noshki area of the province.
Two high ranking members of the New People's Army (NPA) surrendered to the 2nd Eastern Samar Provincial Mobile Force Company (ESPMFC) based in Barangay Buenavista, Quinapondan, Eastern Samar on Oct.
Two other priests accused in the case -- Fr Job Mathew and Johnson V Mathew -- had already surrendered before the police and granted bail by the high court.
A suspected terrorist sought by police has finally surrendered.
"Similarly, if people still have unwanted air weapons that are unlicensed or have come across firearms while clearing out a house, these can be surrendered."
A bearded man, possibly father of Mujahid, donned in a purple skull cap is heard saying, 'One who leaves home, can't surrender.'
QUETTA -- More than 300 members of different banned outfits, including 17 commanders, surrendered their arms during an event at Balochistan Assembly Saturday morning.