Abandonment in United States
Abandonment Definition
Relinquishment; surrender; desertion; waiver. Of Property. The relinquishment of property or right with intent not to reclaim the same. It implies a relinquishment to the public generally, or to the next comer; a surrender to a particular person not being an abandonment. 11 Cal. 363. To constitute an abandonment there must be (1) an intent to abandon (21 Cal. 291; 49 Minn. 148; 49 N. Y. 346), and (2) an unequivocal act of abandonment (77 N. C. 186 j 42 Conn. 377; 116 Mo. 123). Mere nonuserisnot sufficient (61 Mo. 178; 15 N. H. 412); but abandonment may be presumed from longcontinued nonuser (43 Pa. St. 427; 34 Me. 394). Of Invention. Either a relinquishing of a contemplated invention before it is perfected, or a permitting of the use of an invention by the public, constitutes an abandonment of the invention to the public, and prevents the inventor from enforcing any exclusive claim to the same. 4 Fish. Pat. Cas. (U.S.) 300. Of Duties. The willful and unauthorized desertion or forsaking of a duty, as a contract or a service, or of a person as to whom the abandoner is charged with a duty, as of a child by its parents, or of a wife by her husband. In case of abandonment of domestic relations, an intent to cause a permanent separation is necessary. See Desertion. In connection with statutes punishing abandonment of wife or family it is synonymous with desert. Virtue v. People, 122 111. App. 224. To Underwriters. The right of an insured, who has suffered a loss, to relinquish the residue to the underwriters, and claim for a total loss, though the insured property is capable of recovery and repair. This right is confined to marine insurance, unless specially given by the policy. May, Ins. §421. Fop Torts. The ancient right of the owner of an animal or of a slave which had committed an injury for which the owner was civilly liable to surrender it to the injured person in satisfaction. The doctrine has been applied to vessels, and authorizes the owner to surrender the vessel in satisfaction of a debt contracted by the master. By Rev. St. U.S. § 4285, the right to surrender a vessel and exonerate the owner from personal liability was extended to damages by collision.
Abandonment in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Abandonment | Abandonment in the World Legal Encyclopedia. |
| Abandonment | Abandonment in the European Legal Encyclopedia. |
| Abandonment | Abandonment in the Asian Legal Encyclopedia. |
| Abandonment | Abandonment in the UK Legal Encyclopedia. |
| Abandonment | Abandonment in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Abandonment
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| Link | Description |
|---|---|
| Abandonment | Abandonment in the Family Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the IP Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Commercial Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Criminal Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Antritrust Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Tax Law Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Abandonment | Abandonment in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Abandonment in the Dictionaries | Abandonment in our legal dictionaries |
| http://lawi.us/abandonment | The URI of Abandonment (more about URIs) |
| Abandonment related entries | Find related entries of Abandonment |
Legal Issue for Attorneys
Relinquishment; surrender; desertion; waiver. Of Property. The relinquishment of property or right with intent not to reclaim the same. It implies a relinquishment to the public generally, or to the next comer; a surrender to a particular person not being an abandonment. 11 Cal. 363. To constitute an abandonment there must be (1) an intent to abandon (21 Cal. 291; 49 Minn. 148; 49 N. Y. 346), and (2) an unequivocal act of abandonment (77 N. C. 186 j 42 Conn. 377; 116 Mo. 123). Mere nonuserisnot sufficient (61 Mo. 178; 15 N. H. 412); but abandonment may be presumed from longcontinued nonuser (43 Pa. St. 427; 34 Me. 394). Of Invention. Either a relinquishing of a contemplated invention before it is perfected, or a permitting of the use of an invention by the public, constitutes an abandonment of the invention to the public, and prevents the inventor from enforcing any exclusive claim to the same. 4 Fish. Pat. Cas. (U.S.) 300. Of Duties. The willful and unauthorized desertion or forsaking of a duty, as a contract or a service, or of a person as to whom the abandoner is charged with a duty, as of a child by its parents, or of a wife by her husband. In case of abandonment of domestic relations, an intent to cause a permanent separation is necessary. See Desertion. In connection with statutes punishing abandonment of wife or family it is synonymous with desert. Virtue v. People, 122 111. App. 224. To Underwriters. The right of an insured, who has suffered a loss, to relinquish the residue to the underwriters, and claim for a total loss, though the insured property is capable of recovery and repair. This right is confined to marine insurance, unless specially given by the policy. May, Ins. §421. Fop Torts. The ancient right of the owner of an animal or of a slave which had commi
tted an injury for which the owner was civilly liable to surrender it to the injured person in satisfaction. The doctrine has been applied to vessels, and authorizes the owner to surrender the vessel in satisfaction of a debt contracted by the master. By Rev. St. U.S. § 4285, the right to surrender a vessel and exonerate the owner from personal liability was extended to damages by collision.
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Notice
This definition of Abandonment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
What is Abandonment?
For a meaning of it, read Abandonment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Abandonment.
Abandonment (Estate Property)
This section introduce
s, discusses and describes the basics of abandonment. Then, cross references and a brief overview about Estate Property is provided. Finally, the subject of Bankruptcy Law in relation with abandonment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Abandonment (Protection of Rights)
This section introduces, discusses and describes the basics of abandonment. Then, cross references and a brief overview about Protection of Rights is provided. Finally, the subject of Trademark Protection in relation with abandonment is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Foster Care; Homeless Children and Runaways in the United States; Orphanages.
Aichhorn, August; Guex, Germaine; Helplessness; Hospitalism; Spitz, René Arpad.
Related Case Law
Further Reading (Books)
Boswell, John. 1988. The Kindness of Strangers. The Abandonment of Children in Western Europe from Late Antiquity to the Renaissance. New York: Pantheon.
Fildes, Valerie. 1988. Wet Nursing. A History from Antiquity to the Present. Oxford: Blackwell.
Gil’adi, Avner. 1992. Children of Islam. Concepts of Childhood in Medieval Muslim Society. New York: St. Martin’s Press.
Hrdy, Sarah Blaffer. 1992. “Fitness Tradeoffs in the History and Evolution of Delegated Mothering with Special Reference to Wet-Nursing, Abandonment, and Infanticide.” Ethnology and Sociobiology 13: 409_442.
Kertzer, David I. 1993. Sacrificed for Honor. Italian Infant Abandonment and the Politics of Reproductive Control. Boston: Beacon Press.
Panter-Brick, Catherine, and Malcolm T. Smith, eds. 2000. Abandoned Children. Cambridge, UK: Cambridge University Press.
Scrimshaw, Susan C. M. 1984. “Infanticide in Human Populations: Societal and Individual Concerns.” In Infanticide. Comparative and Evolutionary Perspectives, ed. Glenn Hausfater and Sarah Blaffer Hrdy. New York: Aldine.
Tilly, Louise A., Rachel G. Fuchs, David I. Kertzer, et al. 1991. “Child Abandonment in European History: A Symposium.” Journal of Family History 17: 1_23.
Pier Paolo Viazzo
Further Reading (Books 2)
Aichhorn, August. (1935). Wayward youth. New York: The Viking Press.
Bowlby, John. (1969). Attachment and loss. London: Hogarth.
Freud, Sigmund. (1916-17g [1915]). Mourning and melancholia. SE, 14: 237-258.
– (1923b). The ego and the id. SE, 19: 1-66.
– (1926d [1925]). Inhibitions, symptoms and anxiety. SE, 20: 75-172.
Guex, Germaine. (1950). La Névrose d’abandon: le syndrome d’abandon. Paris: Presses Universitaires de France.
Klein, Melanie. (1959). On the sense of loneliness. In her Envy and Gratitude and Other Works, 1946-1963. New York: The Free Press.
Rosolato, Guy. (1975). L’axe narcissique des depressions. La Relation d’inconnu. Paris: Gallimard.
Abandonment in the context of Juvenile and Family Law
Definition ofAbandonment published by the National Council of Juvenile and Family Court Judges:A parent’s or custodian’s act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time; an express or implied intention to sever the parentchild relationship and avoid the obligations arising from the relationship. Also, the desertion of one spouse by the other with intent to terminate the marriage relationship. In a number of jurisdictions, the term “abandonment case” is used to refer to a suit to terminate parental rights.
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