Legal Specs

Definition 1

contracts.Inthe French law, the act by which a
debtor
surrenders his property for the benefit of his creditors. Merl. Rep.
mot
Abandonment.

Definition 2

contracts. In insurances the
act by which the insured
relinquishes to the assurer all the property to
the thing insured.


2.- No particular form is required for an
abandonment, nor need it be in
writing, but it must be explicit and
absolute, and must set forth the
reasons upon which it is
founded.


3.-It must also be made in reasonable time after the
loss.


4.-It is not in every case of loss that the insured can abandon.
In the
following cases an abandonment may be made: when there is a total
loss,
when the voyage is lost or not worth pursuing, by reason of a peril
insured
against or if the cargo be so damaged as to be of little or no
value, or
where the salvage is very high, and further expense be necessary,
and the
insurer will not engage to bear it or if what is saved is of less
value
than the freight, or where the damage exceeds one half of the value
of the
goods insured or where the property is captured, or even detained by
an
indefinite embargo , and in cases of a like nature.


5.-The
abandonment, when legally made transfers from the insured to the
insurer
the property in the thing insured, and obliges him to pay to the
insured
what he promised him by the contract of insurance. 3 Kent, Com.
265, 2
Marsh. Ins. 559Pard. Dr. Coin. n. 836 et seq.Boulay Paty, Dr.
Com.
Maritime, tit. 11, tom. 4, p. 215.

Definition 3

In maritime
contracts in the civil law, principals are
generally held indefinitely
responsible for the obligations which their
agents have contracted relative
to the concern of their commission but with
regard to ship owners there is
remarkable peculiarity, they are bound by
the contract of the master only
to the amount of their interest in the
ship, and can be discharged from
their responsibility by abandoning the
ship and freight. Poth. Chartes
part. s. 2, art. 3,51, Ord. de la
Mar. des proprietaires, art. 2, Code de
Com. 1. 2, t. 2, art. 216.

Definition 4

lights. The
relinquishment of a right, the giving up of
something to which we are
entitled.


2. - Legal rights, when once vested, must be divested
according to law,
but equitable rights may be abandoned. 2 Wash. R. 106.
See 1 H. & M. 429, a
mill site, once occupied, may be abandoned. 17 Mass.
297, an application
for land, which is an inception of title, 5 S. & R.
215, 2 S. & R. 378, 1
Yeates, 193, 289, 2 Yeates, 81, 88, 318, an
improvement, 1 Yeates, 515 ,


3. - The abandonment
must be made by the owner without being pressed by
any duty, necessity or
utility to himself, but simply because he wishes no
longer to possess the
thing, and further it must be made without any desire
that any other person
shall acquire the same, for if it were made for a
consideration, it would
be a sale or barter, and if without consideration,
but with an intention
that some other person should become the possessor,
it would be a gift: and
it would still be a gift though the owner might be
indifferent as to whom
the right should be transferred, for example, he
threw money among a crowd
with intent that some one should acquire the
title to it.

Definition 5

for torts, a term used in the civil law. By the Roman
law,
when the master was sued for the tort of his slave, or the owner for
a
trespass committed by his animal, he might abandon them to the
person
injured, and thereby save himself from further responsibility.



2. - Similar provisions have been adopted in Louisiana. It is
enacted by
the civil code that the master shall be answerable for all the
damages
occasioned by an offence or quasi offence committed by his slave.
He may,
however, discharge himself from such responsibility by abandoning
the slave
to the person injured, in which case such person shall sell such
slave at
public auction in the usual form, to obtain payment of the damages
and costs,
and the balance, if any, shall be returned to the master of the
slave, who
shall be completely discharged, although the price of the slave
should not be
sufficient to pay the whole amount of the damages and costs,
provided that
the master shall make abandonment within three days after the
judgment
awarding such damages, shall have been rendered, provided also
that it shall
not be proved that the crime or offence was committed by his
order, for in
such cases the master shall be answerable for all damages
resulting
therefrom, whatever be the amount, without being admitted to the
benefit of
abandonment. Art. 180, 181.


3. - The owner of an
animal is answerable for the damages he has caused,
but if the animal had
been lost, or had strayed more than a day, he may
discharge himself from
this responsibility, by abandoning him to the person
who has sustained the
injury, except where the master has turned loose a
dangerous or noxious
animal, for then he must pay for all the harm he has
done, without being
allowed, to make the abandonment. Ib. art. 2301.

Definition 6

malicious. The act of a hushand or wife, who leaves his or
her consort
wilfully, and with an intention of causing perpetual separation.



2. - Such abandonment, when it has continued the length of time required
by
the local statutes, is sufficient cause for a divorce. Vide 1 Hoff. R.
47,
Divorce.

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