Definition for abandonment
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.
Inclusive Elements
Abandonment refers to the act of relinquishing or giving up rights, interests, property, or responsibilities without transferring them to another party.
Exclusive Elements
In legal terms, abandonment typically implies a voluntary and intentional act, distinguished from situations involving involuntary loss or abandonment due to circumstances beyond one's control.
Exceptions and Qualifications
Exceptions and qualifications to abandonment may vary depending on the specific legal jurisdiction and the context in which the term is applied. For example:
- In property law, some jurisdictions impose limitations on the timeframe within which abandoned property can be claimed by another party.
- In family law, abandonment may not necessarily terminate parental rights, particularly if efforts are made to locate the absent parent or if the abandonment is temporary.
- In contract law, certain circumstances such as impossibility or frustration of purpose may excuse non-performance and prevent a finding of abandonment.
Other Terms related to abandonment
A legal concept where an individual or entity intentionally relinquishes a certain right, claim, or possession of a part of property without renouncing ownership over the entirety.
n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.
n. the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). The problem which may arise is that a waiver may be interpreted as giving up the right to enforce the same right in the future.
Constructive abandonment refers to a legal concept primarily used in family law, where one spouse's behavior is so detrimental to the marital relationship that it forces the other spouse to leave the marriage.
n. a means to acquire title to land through obvious occupancy of the land, while claiming ownership for the period of years set by the law of the state where the property exists.
Implied abandonment refers to the legal concept where an individual's actions or inactions suggest the intention to relinquish rights or interests in property without explicitly stating this intention.
An abandonment clause is a provision within a contract that allows a party to relinquish their rights or interests in a contract or asset under specified conditions, without facing legal penalties.
n. loss of property due to a violation of law.
