ABIBLO LAW - ABANDONMENT
Abiblo Law - Abandonment
It is the act of giving up a legal right of ownership of property. The property which has been abandoned will be res nullius. Res nullius means things not belonging to anyone. The person taken into possession of the abandoned property will acquire a lawful title. An abandoned item is justified when it can be established that the original owner has discarded it and is indifferent to what had become to the item. This item cannot be subject of theft. There is an exception regarding property left in the dustbin which is not considered as abandoned as the purpose of placing the property by its owner to the dustbin is for it to be collected as refuse.
Abandonment is considered in the case of marine insurance, where it means the surrender of all rights to a cargo or ship due to constructive total loss. The insured person must give the insurer a reasonable time for a notice of abandonment which will relinquish his rights to the cargo and ship to the insurer and treat the loss as actual total loss.
In civil litigation, abandonment means relinquishing of the whole or part of the claim made in an appeal or an action. Any claim is abandoned if a notice of discontinuance is served under Part 38 of the Civil Procedure Rules.
Abandonment is related to the offence of guardian or parent leaving child under 16 years to its fate. No abandon if the parent knows and approves some one else taking and look after the children.
Any cases of parent being found guilty of abandonment maya lead to the child being adopted.
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