abandonment

abandonment
aban·don·ment n
1: the act of abandoning property or a right: as
a: relinquishment by an inventor of the right to enforce a patent see also dedication
b: an author's relinquishment to the public domain of his or her copyrighted work
c: relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use
d: the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage 2b
e: relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum
2: the act of abandoning a person: as
a: failure to have contact with a spouse that is intended to create a permanent separation
b: failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights
3: the act of abandoning a contract
4 a: the act of abandoning a course of action (as a crime)
b: the affirmative defense (as recognized under the Model Penal Code) of voluntary withdrawal from the commission of a crime resulting from the actor's change of heart and not from intervening circumstances

Merriam-Webster’s Dictionary of Law. . 1996.

abandonment
I (desertion) noun abrogation, apostasy, cession, decampment, defection, demission, departure, dereliction, disaffection, disavowal, evacuation, flight, hasty departure, relinquishment, repudiation, retirement, vacating, withdrawal associated concepts: abandonment of a child, abandonment of a husband, abandonment of a property, abandonment of a wife, abandonment of land, dissolution of marriage, Enoch Arden laws foreign phrases:
- Occupantis fiunt derelicta. — Things abandoned become the property of the first who is the occupant.
II (discontinuance) noun abdication, abrogation, cessation, derelictio, desistance, discontinuation, disjunction, disruption, relinquishment, surrender, suspension, withdrawal associated concepts: abandonment of a crime, abandonment of a pleading, abandonment of an easement, abandonment of assets in bankruptcy, abandonment of proscriptive rights III (repudiation) noun abnegation, cancellation, declination, denial, disapprobation, disapproval, disavowal, dismissal, disownment, rejection, renouncement, renunciation, reprobation, rescission IV index abdication, abjuration, absence (nonattendance), cancellation, capitulation, cessation (termination), cloture, dereliction, desertion, desuetude, disclaimer, disuse, estrangement, expense (sacrifice), halt, neglect, negligence, rejection, release, renunciation, rescision, resignation (relinquishment), waiver

Burton's Legal Thesaurus. . 2006


abandonment
1. surrender of something, whether a chattel or right, with the intention of never reclaiming it.
2. a High Court action is abandoned when the procedure under the Civil Procedure Rules is followed.
3. in Scotland an action can be abandoned by a minute of abandonment.
4. appeals that are withdrawn are said to be abandoned.
5. a child is abandoned by its parents when they leave it without making provision for its care and welfare.
6. the giving up of a patent, copyright or trademark.
7. the surrender of insured property to the insurer on payment to the insured.
8. (USA) withdrawal by a criminal from the course of an offence by change of heart as opposed to force of circumstances.

Collins dictionary of law. . 2001.


abandonment
1) Giving up a right, generally of ownership, with the intention never to claim it again.
2) In family law, leaving a spouse or child(ren) with the intent not to return. In some cases, such as adoption, abandonment will be presumed if the parent fails to contact or support the child for a specified period of time.
Category: Divorce & Family Law
Category: Real Estate & Rental Property
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
An immigration law term referring to situations where a permanent resident (green card holder) leaves the United States with the intention of making a permanent home in another country. Permanent residents who spend longer than six months outside the United States will, upon their return, face serious questions about whether they intended to abandon their residence. After one year away, an immigrant will be presumed to have abandoned residence, and will need to prove otherwise in order to reenter the United States.
Category: Immigration → How to Become a U.S. Citizen
A situation in which trademark rights are lost because the owner: does not use the mark for an extended period of time with the intent not to resume use; lets others use the mark without adequate supervision; or allows the mark to become a generic term. (See also: generic)
Category: Patent, Copyright & Trademark → Trademark Law

Nolo’s Plain-English Law Dictionary. . 2009.


abandonment
n.
1 The act of abandoning property or a right with no intent of reclaiming it or of later giving it away or selling it.
2 The act of abandoning a person with the intent of terminating the duties or him or her. For example, the intentional failure by a parent to communicate with or to provide financial or other support to his children.
See also desertion.

Webster's New World Law Dictionary. . 2000.


abandonment
The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it.
The giving up of a thing absolutely, without reference to any particular person or purpose. For example, vacating property with the intention of not returning, so that it may be appropriated by the next comer or finder. The voluntary relinquishment of possession of a thing by its owner with the intention of terminating ownership, but without vesting it in any other person. The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.
Term includes both the intention to abandon and the external act by which the intention is carried into effect. In determining whether someone has abandoned property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon.
Abandonment differs from surrender in that surrender requires an agreement, and also from forfeiture, in that forfeiture may be against the intention of the party alleged to have forfeited. In the case of children, abandonment is the willful forsaking or forgoing of parental duties.
Desertion as a legal concept, is similar in this respect, although broader in scope, covering both real and constructive situations; abandonment is generally seen as involving a specific and tangible forsaking or forgoing.

Dictionary from West's Encyclopedia of American Law. 2005.


abandonment
The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it.
 
The giving up of a thing absolutely, without reference to any particular person or purpose. For example, vacating property with the intention of not returning, so that it may be appropriated by the next comer or finder.
 
The voluntary relinquishment of possession of a thing by its owner with the intention of terminating ownership, but without vesting it in any other person.
 
The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.
 
Term includes both the intention to abandon and the external act by which the intention is carried into effect. In determining whether someone has abandoned property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon.
 
Abandonment differs from surrender in that surrender requires an agreement, and also from forfeiture, in that forfeiture may be against the intention of the party alleged to have forfeited.
 
In the case of children, abandonment is the willful forsaking or forgoing of parental duties.
 
Desertion as a legal concept, is similar in this respect, although broader in scope, covering both real and constructive situations; abandonment is generally seen as involving a specific and tangible forsaking or forgoing.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

abandonment
n.
   the act of intentionally and permanently giving up, surrendering, deserting or relinquishing property, premises, a right of way, a ship, contract rights, a spouse and/or children. Abandonment of a spouse means intent at permanent separation, and with children a lengthy period of neither contact nor any support. In maritime law abandonment has a special meaning: when an owner surrenders a ship and its contents to a trustee for the benefit of claimants, particularly after a wreck. If one invents something and does not get a patent but allows others to use the invention or dedicates it to public use, the right to patent is probably abandoned. Confusion arises over abandonment of water rights, mining rights, or rights of way, since mere non-use is not sufficient to show abandonment.

Law dictionary. . 2013.

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