Adoption Legal Definition of Abandonment
Meaning of Abandonment
Desertion of a child by a parent or adult primary caregiver with no provisions for continued childcare nor with any apparent intention to return to resume caregiving.
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Related Entries of Abandonment in the Encyclopedia of Law Project
Browse or run a search for Abandonment 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.
Abandonment in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Abandonment in Historical Law in the Encyclopedia of Law.
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Abandonment in the Legal Abbreviations and Acronyms Dictionary.
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What is Abandonment?
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Grammar
This term is a noun.
Etimology of Abandonment
(You may find abandonment at the world legal encyclopedia and the etimology of more terms).
1610s, “action of relinquishing to another,” from French abandonnement (Old French abandonement), from abandonner “to give up” (see abandon (verb)). Meaning “a deserting, forsaking” (of one’s family, principles, etc.) is by 1788; from 1839 as “condition of being forsaken.” In law, the relinquishing of a title, privilege, or claim. In music, Italian abbandonatamente is the instruction to play so as to make the time subordinate to the feeling.
Abandonment in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Abandonment, produced by Tetley, in the context of admiralty law: [Translation of Abandonment in French: “délaissement”] [Translation of Abandonment in Spanish: “abandono”] [Translation of Abandonment in Italian: “abbandono”] [Translation of Abandonment in German: “Abandonnierung”; “Aufgabe eines Rechtsanspruches”] – Abandonment is the giving up by the insured of the proprietary rights in insured property to the underwriter in consideration for payment of a constructive total loss (see this maritime law term in this legal dictionary) or an actual total loss (see this maritime law term in this legal dictionary). See Marine Insurance Act, 1906 (U.K.) sects. 61-63; see also Notice of abandonment (see this maritime law term in this legal dictionary). See Tetley, Int’l M. & A. L., 2003 at p.612.
Abandonment (“abandon”) is also the ancient principle of a shipowner having responsibility only up to the value of the ship and freight (see this maritime law term in this legal dictionary) (but calculated after the collision (see this maritime law term in this legal dictionary)). The principle was found in the 1924 Shipowners’ Limitation Convention and is still found in the U.S. Shipowners’ Limitation of Liability Act, 1851, 46 U.S. Code 30505(a) (formerly 46 U.S. Code Appx. 183). See Tetley, Int’l. C. of L., 1994 at pp. 510-511, 517-518; Tetley, M.L.C., 2 Ed., 1998 at pp. 109-110; Tetley, Int’l. M & A. L., 2003 at pp. 20-21.
Resources
See Also
Aichhorn, August; Guex, Germaine; Helplessness; Hospitalism; Spitz, René Arpad.
Related Case Law
Further Reading
Further Reading
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
More Further Reading
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 Franc
e.
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 Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of abandonment.
Resources
See Also
- Law Enforcement Officer
- Police Officer
- Law Enforcement Agency
Further Reading
- abandonment in A Dictionary of Law Enforcement (Oxford University Press)
- abandonment in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
English Legal System: Abandonment
In the context of the English law, A Dictionary of Law provides the following legal concept of Abandonment :
1. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius (a thing belonging to no one), and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse. In marine insurance, abandonment is the surrender of all rights to a ship or cargo in a case of *constructive total loss. The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss.
2. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal. Any claim is now considered to be abandoned once a *notice of discontinuance is served, according to rule 38(1) of the *Civil Procedure Rules.
3. The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment.
Concept of Abandonment in the context of Real Property
A short definition of Abandonment: The voluntary relinquishment of rights of ownership or another interest (such as an easement) by failure to use the property, coupled with an intent to abandon (give up the interest).
Abandonment in legal terminology may involve different matters and therefore have different meanings. Examples include: Abandoned personal property and abandoning children.
Concept of Abandonment in the context of Real Property
A short definition of Abandonment: The voluntary relinquishment of rights of ownership or another interest (such as an easement) by failure to use the property, coupled with an intent to abandon (give up the interest).
Abandonment in legal terminology may involve different matters and therefore have different meanings. Examples include: Abandoned personal property and abandoning children.
Abandonment in Admiralty Law
For information on abandonment in this context, see the entry on abandonment in the maritime law encyclopedia.
Abandonment
Abandonment
Meaning of Abandonment
In this law dictionary, the legal term abandonment is a kind of the Property, Family law class.
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