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DICTIONARY

January 2, 2016

A

 

ABANDONMENT:

  • To give up or to surrender voluntarily or with knowledge one's right or claim to property without any future intent to obtain title or possession of it.

 

  • 164 S.W. 2nd 225, 228 defines Abandonment as follows: "The relinquishment or surrender of rights or property by one person to another.  It includes both the intention to abandon and the external act by which the intention is carried into effect... there must be concurrence of the intention to abandon and the actual relinquishment."  

Example:

One who abandons an item at a place gives up all right and title to it; one who merely forgets to take this item does not legally abndon it.  A person who finds the item that has not been abandoned but forgotten, the finder must make a reasonable effort to return it to the owner and must give it to the owner if he/she ask for the item to be returned. Abandonment is applicable to all forms of properties, such as intellectual properties or tangible items.

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