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 ?
On Good Friday, alias Dante, vice team leader, alias Jek, and alias Gary, surrendered to police and military units in Barangay Colonsabak.
They were presented to Brigadier-General Ariel Felicidario III, the 1101st Brigade commander also based in Danag, following their surrender.
Bagnus Gaerlan, 102nd Infantry Brigade commander, said the surrender of the alleged NPA team leader would lead to the surrender of many other NPA members in the area.
Seven of the group of persons seen on the viral video who were cursing President Duterte while in a supposed pot session surrendered to authorities Wednesday.
Brahmdev, who became a Maoist at the age of 10 due to some land issue, was garlanded and given a bouquet among other gifts by the police officials after he surrendered.
'We need two weeks of consent to negotiate the application on surrender because we have eight names of premises we are vacating and if allowed I would name them,' Aduda said.
Require an insurer to process a contract surrender request within 45 days.
(11) This step implicitly assumes that the continuation value of the VA contract is equal to the value of the contract if surrenders are not allowed, that is,
Sources said the IB has found that several incidents of surrenders were fake.
If insurers were to offer cash surrender values to policyholders in excess of contractually guaranteed amounts, the secondary market would be altered, perhaps to the advantage of both the insurance company and the policy owner.
tax purposes, since the UK group relief provisions (a statutory scheme that affords an entitlement to certain commonly controlled company groupings to surrender or share losses between group members) restricts loss claim and surrender to U.K.
Secretary Rumsfeld also made unsettling comments regarding the treatment of hostile Afghans attempting to surrender. Referring to the Mazar-e-Sharif battle in which some 500 pro-Taliban fighters were killed, Rumsfeld was quoted as saying that "no quarter" would be given to troops trying to surrender.