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

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 ?
On the other hand, we show in the next section that there exists a minimal surrender charge function such that the optimal strategy corresponds to not surrendering the policy at all times.
There is a view that only those who are active members of the armed movement should be eligible for surrendering and getting the benefits by the Centre and the state government.
"We usually do not recommend surrendering a policy as the customer not only loses out all the benefits of the insurance scheme but also receives a much lower amount than the total premium he must have paid," says Rajeev Kumar of Bharti AXA Life Insurance.
After working with her accountant to select a provider she receives $314,735 for the policy--an economic gain of $246,439 over the cash value she would have received from simply surrendering the policy.
Around pounds 1billion worth of policies are sold back to life insurance companies each year - known in the trade as surrendering your endowment.
Surrendering the policy and collecting the $947.43 would have resulted in a taxable gain of $4,027.85.
Again and again we see the archaic figures in situations of danger, sometimes happily surrendering to their fate, as in Dream Sequence VIII, 1999, where painful falling seems to have become pleasurable floating.
General Curtis LeMay, General Arnold, General Marshall, the top British military leader, General Ismay, and Winston Churchill all said at the time that the Japanese were defeated and in the process of surrendering before the bomb was dropped.
* the subject has asked about the consequences of surrendering.