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Release

Legal Definition and Related Resources of Release

Meaning of Release

A Relinquishment or surrender to another of some claim or interest in property , a right of action , etc. At common law , the term also denoted a conveyance of a larger estate or a remainder or reversion to one already in possession . A release being in a sense a contract , it requires consideration to support it, unless it be under seal. Also a release obtained by fraud , coercion , undue influence , etc. is void. See South Fork canal Co. v Gordon, 6 Wall. 561, 18 L.Ed. 894; Wheeler v Smith, 9 How. 55, 13 L.Ed. 44. while a release is generally the voluntary act of a party , in certain circumstances a release may take place by operation of law, independent of the will of the releasor. Thus, where two or more persons are joint sureties or guarantors of an obligation , if the obligee releases one of the sureties or guarantors, it would amount to a release of all the sureties and guarantors. See Symons v Mueller Co., (C.A.Kan.) 526 F.2d 13; also Henderson v Garbutt, 173 S. E.2d 445, 121 Ga.App. 291.

Release Alternative Definition

The giving up or abandoning a claim or right to the person against whom the claim exists, or the right is to be exercised or enforced. Releases may either give up, discharge, or abandon a right of action, or convey a man’s interest or right to another who has possession of it, or some estate in the same. Shep. Touch. 320; Litt. 444; Nelson, Abr.; Bac. Abr.; Viner, Abr.; Rolle, Abr. In the former class, a mere right is surrendered; in the other, not only a right is given up, but an interest in tiie estate is conveyed and becomes vested in the release. An express release is one directly made in terms by deed or other suitable means. An implied release is one which arises from acts of the creditor or owner, without any express agreement. See Poth. Obi. notes 608, 609. A release by operation of law is one which, though not expressly made, the law presumes in consequence of some act of the releasor; for instance, when one of several joint obligors is expressly released, the others are also released by operation of law. 3 Salk. 298; Hob. 10, 66; 4 Mod. 380; 7 Johns. (N. Y.) 207. In Estates. The conveyance of a man’s interest or right which he hath unto a thing, to another that hath the possession thereof, or some estate therein. Shep. Touch. 320. The relinquishment of some right or benefit to a person who has already some interest in the tenement, and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished. Burton, Real Prop. 15*. A discharge or conveyance of a man’s right in lands or tenements to one that held some former estate in possession. 2 Bl. Comm. 324. The words generally used in such conveyance are “remised, released, and forever quitclaimed.” Litt. § 445. Releases of land are, in respect of their operation, divided into five sorts:
(1) Releases that inure by way of passing the estate, or mitter restate; e. g., a release by joint tenant to co-joint tenant, which conveyance will pass a fee without words of limitation.
(2) Releases that inure by way of passing the right, or mitter le droit; e. g., by disseisee to disseisor.
(3) Releases that inure by enlargement of the estate. Here there must be an actual privity of estate at the time between releasor and releasee, who must have an estate actually vested in him capable of enlargement.
(4) Releases that inure by way of extinguishment; e. g., a lord releasing his seignorial rights to his tenant.
(5) Releases that inure by way of feoffment and entry; e. g. if there are two disseisors, a release to one will give him a sole estate, as if the disseisee had regained seisin by entry, and enfeoffed him. 2 Bl. Comm. 325*. See 4 Cruise, Dig. 71; Gilb. Ten. 82; Co. Litt. 264; 3 Brock. (U. S.) 185; 2 Sumn. (U. S.) 487; 4 Pick. (Mass.) 143;- 10 Pick. (Mass.) 195; 7 Mass. 381; 5 Har. & J. (Md.) 158; 2 N. H. 402; 5 Paige, Ch. (N. Y.) 299; 10 Johns. (N. Y.) 456. The technicalities of English law as to releases are not generally applicable in the United States. The corresponding conveyance is a quitclaim deed. 2 Bouv. Inst. 416; 21 Ala. (N. S.) 125. In Admiralty. An instrument under seal of the court, commanding the marshal to release a ship or other property arrested in a proceeding in rem on the giving of bail by the owner. estate. See “Release.”

Synonyms of Release

noun

  • abandonment
  • absolution
  • acquittal
  • acquittance
  • amnesty
  • casting away
  • cession
  • clearance
  • compurgation
  • deliverance
  • disbanding
  • discarding
  • discharge
  • disculpation
  • disengagement
  • disentanglement
  • disenthrallment
  • dismissal
  • dispensation
  • disposal
  • emancipation
  • exculpation
  • excusai
  • excuse
  • exemption
  • exoneration
  • extrication
  • forgiveness
  • freeing
  • immunity
  • laying aside
  • liberatio
  • liberation
  • manumission
  • missio
  • pardon
  • pardonment
  • quietus
  • relinquishment
  • salvation
  • setting free
  • sparing
  • unchaining
  • unfettering
  • unharnessing
  • untying
  • waiver
  • yielding Associated Concepts: binding release foreign phrases: Eodem modo quo oritur
  • eodem modo dissolvitur
  • It is discharged in the same manner in which it was created
  • Quodque dissolvitur eodem modo quo ligatur
  • A thing is unbound in the same manner that it is made binding

verb

  • clear
  • deliver
  • discharge
  • disengage
  • disenthrall
  • dismiss
  • emancipate
  • enfranchise
  • exculpate
  • excuse
  • exempt
  • exonerate
  • exsolvere
  • extricate
  • forgive
  • free
  • give clearance
  • give up
  • laxare
  • let go
  • let out
  • liberare
  • liberate
  • manumit
  • relieve
  • relinqui
    sh
  • remit
  • reprieve
  • save
  • set at large
  • set at liberty
  • set free
  • set loose
  • spare
  • unburden
  • unfetter
  • yield
  • Associated Concepts: release a claim
  • release a lien

Related Entries of Release in the Encyclopedia of Law Project

Browse or run a search for Release in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Release in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Release in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Release in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Absolve, Acquittal, , Civil Bail, Covenant Not To Sue, , Dismissal, Equity Of Redemption, Escrow, Joint And Several, Lease And Release, Novation, Parole, Premises, Probation, Quittance, Ransom, Remise, Satisfaction, Satisfaction Piece, Settlement.

Translate Release of Information from English to Spanish

Translation of Release of Information , with examples. More about free online translation into Spanish of Autorización para divulgar información and other legal terms is available here.

Translate Release On Own Recognizance from English to Spanish

Translation of Release On Own Recognizance , with examples. More about free online translation into Spanish of Libertad provisional bajo palabra and other legal terms is available here.

Translate Pre-Trial Release from English to Spanish

Translation of Pre-Trial Release, with examples. More about free online translation into Spanish of Libertad provisional and other legal terms is available here.

Translate Pre-Trial Release Coordinator from English to Spanish

Translation of Pre-Trial Release Coordinator , with examples. More about free online translation into Spanish of Coordinador de libertad provisional and other legal terms is available here.

Translate Work Release from English to Spanish

Translation of Work Release , with examples. More about free online translation into Spanish of Semi-libertad para trabajar and other legal terms is available here.

Browse

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Resource Description
Release in the Dictionary Release in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Release
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Release in the World Encyclopedia of Law

Notice

This definition of Release is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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English Spanish Translation of Release

Libración de cargo
To release: Retirar los cargos
To release from liability: Eximir de responsabilidad

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Release) and the Word reference legal translator.

Release in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of release.

Grammar

This t
erm is a noun.

Etimology of Release

(You may find release at the world legal encyclopedia and the etimology of more terms).

early 14c., “abatement of distress; means of deliverance,” from Old French relais, reles (12c.), a back-formation from relesser, relaissier (see release (verb)). In law, mid-14c., “transferring of property or a right to another;” late 14c. as “release from an obligation; remission of a duty, tribute, etc.” Meaning “act and manner of releasing” (a bow, etc.) is from 1871. Sense of “action of publication” is from 1907.

Grammar

This term is a verb.

Etimology of Release

(You may find release at the world legal encyclopedia and the etimology of more terms).

c. 1300, “to withdraw, revoke (a decree, etc.), cancel, lift; remit,” from Old French relaissier, relesser “to relinquish, quit, let go, leave behind, abandon, acquit,” variant of relacher “release, relax,” from Latin relaxare “loosen, stretch out” (see relax), source also of Spanish relajar, Italian relassare. Meaning “alleviate, ease” is mid-14c., as is sense of “free from (duty, etc.); exonerate.” From late 14c. as “grant remission, forgive; set free from imprisonment, military service, etc.” Also “give up, relinquish, surrender.” In law, c. 1400, “to grant a release of property.” Of press reports, attested from 1904; of motion pictures, from 1912; of music recordings, from 1962. As a euphemism for “to dismiss, fire from a job” it is attested in American English since 1904. Related: Released; releasing.

Meaning of Release in Spanish

Description/ translation of release into Spanish: puesta en libertad, liberación, soltura; supervised release: libertad vigilada; release pending trial (=pre-trial release): libertad provisional;release-dismissal agreement (in the law of the United States/ en el derecho de los Estados Unidos): acuerdo por el que el imputado renuncia a reclamar por la vía civil a cambio de obtener el sobreseimiento (por ejemplo, en caso de una detención no justificada)[1]

Note: for more information on related terms and on the area of law where release belongs (criminal procedure law), in Spanish, see here.

Notes and References

  1. Translation of Release published by Antonio Peñaranda

Resources

See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Concept of Release in the context of Real Property

A short definition of Release: An instrument releasing property from the lien of the mortgage, judgment, etc. When a trust deed is used, the instrument is called a reconveyance. In some areas, a “discharge” is used instead of a release.

Concept of Release in the context of Real Property

A short definition of Release: An instrument releasing property from the lien of the mortgage, judgment, etc. When a trust deed is used, the instrument is called a reconveyance. In some areas, a “discharge” is used instead of a release.

Release

Release

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