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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Illana said 8IB has so far recorded 132 NPA surrenderers within the year, who he said have been given livelihood assistance as well as monetary remuneration for surrendered firearms.
The surrenderers will be brought to Malacanang in Manila, and then to Malaysia or Indonesia to learn the technology of developing a palm oil
He said the NPA surrenderers also yielded two improvised bombs fashioned as a landmine, three cellular phones, ammunition and subversive documents with high intelligence value.
In terms of support measures for drug surrenderers in the region, DSWD through its sustainable livelihood program has provided them with livelihood assistance worth ?1,626,050 for their entrepreneurial projects such as community-based skills training on goat raising in Kibungan, Benguet; skills training on native chicken production and construction of chicken coop in Sagada, Mt.
Eighteen of the 29 surrenderers, who belong to the Buhid (mountain dwellers) tribe, are known as pot makers and live in the towns of Roxas, Bansud, Bongabong and in some parts of Mansalay in Oriental Mindoro, as well as in the municipalities of San Jose and Rizal in Occidental Mindoro.
He said the rebel surrenderers will be used as an example of the government's sincerity to help the former rebels by providing them with services and support so they can leave peaceful lives as civilians.
The NPA surrenderers, led by a certain Ka Diego, pledged allegiance to the government during a courtesy meeting on Friday with Governor Victor Yu, 1st District Rep.
"I assure the surrenderers that the government will help them live a peaceful life thru our E-CLIP program and we will continue to work with all stakeholders in line with the government's "Whole of Nation Approach to end local communist armed conflict," said Maj.