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Cession

 

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Cession



 
 
Most broadly, cession (to cede) is the assignment of property
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
 to another entity. In international law
International law

Public international law concerns the structure and conduct of states and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement....
 it commonly refers to land transferred by treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
. Cession is "a surrender; a yielding; a giving up." It is voluntary, as opposed to annexation
Annexation

Annexation is the legal incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities....
, which is forcible.

In one example, Maryland
Maryland

Maryland is a U.S. state located in the Mid Atlantic States of the United States, bordering Virginia, West Virginia and the Washington, D.C. to the south and west, Pennsylvania to the north, and Delaware to the east....
 and Virginia
Virginia

The Commonwealth of Virginia is an United States U.S. state on the East Coast of the United States of the Southern United States. The state is known as the "Old Dominion" and sometimes as "Mother of Presidents", because it is the birthplace of Lists of United States Presidents by place of birth#By state....
 both ceded land in 1790 in order to create what is today the District of Columbia, specified in the U.S. Constitution
United States Constitution

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein....
 of the previous year.






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Most broadly, cession (to cede) is the assignment of property
Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
 to another entity. In international law
International law

Public international law concerns the structure and conduct of states and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement....
 it commonly refers to land transferred by treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
. Cession is "a surrender; a yielding; a giving up." It is voluntary, as opposed to annexation
Annexation

Annexation is the legal incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities....
, which is forcible.

In one example, Maryland
Maryland

Maryland is a U.S. state located in the Mid Atlantic States of the United States, bordering Virginia, West Virginia and the Washington, D.C. to the south and west, Pennsylvania to the north, and Delaware to the east....
 and Virginia
Virginia

The Commonwealth of Virginia is an United States U.S. state on the East Coast of the United States of the Southern United States. The state is known as the "Old Dominion" and sometimes as "Mother of Presidents", because it is the birthplace of Lists of United States Presidents by place of birth#By state....
 both ceded land in 1790 in order to create what is today the District of Columbia, specified in the U.S. Constitution
United States Constitution

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein....
 of the previous year. The Virginia portion was given back
Retrocession (District of Columbia)

Washington, D.C. retrocession is the process of returning the land that was given to the federal government for the purpose of creating the national capital....
 in 1847, a process known as retrocession.

Territory can also be ceded for payment, such as in the Louisiana Purchase
Louisiana Purchase

The Louisiana Purchase was the acquisition by the United States of America of of the French territory Louisiana in 1803. The U.S. paid 60 million French franc plus cancellation of debts worth 18 million francs , a total cost of $15,000,000 for the Louisiana territory....
 and Alaska Purchase
Alaska purchase

The Alaska Purchase by the United States from the Russian Empire occurred in 1867 at the behest of Secretary of State William H. Seward. The territory purchased was 586,412 square miles of the modern state of Alaska....
. Even fraud
Fraud

In the broadest sense, a fraud is a deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction....
 can be involved, such as in the Treaty of New Echota
Treaty of New Echota

The Treaty of New Echota was a treaty signed on December 29, 1835 in New Echota, Georgia by officials of the United States government and representatives of a minority Cherokee political faction....
, whereby lands already taken in 1832 by outright theft of the U.S. state
U.S. state

A U.S. state is any one of the 50 state of the United States that share sovereignty with the federal government of the United States . Because of this shared sovereignty, an United States is a citizen both of the federal entity and of his or her state of Domicile ....
 of Georgia
Georgia (U.S. state)

Georgia is a U.S. state in the United States and was one of the original Thirteen Colonies that revolted against United Kingdom rule in the American Revolution....
 were later "ceded" to the state by a Cherokee
Cherokee

The Cherokee are a Native Americans in the United States people orginally from the Southeastern United States . They are linguistically connected to speakers of the Iroquoian language....
 leader.

A similar concept to cession is concession
Concession (territory)

In international law, a concession is a territory within a country that is administered by another entity than the state which holds sovereignty over it....
, while recession
Recession

In economics, the term recession describes the reduction of a country's gross domestic product for at least two Calendar_year#Quarters. The usual dictionary definition is "a period of reduced economic activity", a business cycle contraction....
 is somewhat different.

Specific areas of law


Contract law


This is a yielding up, or release. France
France

France , officially the French Republic , is a country whose Metropolitan France is located in Western Europe and that also comprises various Overseas departments and territories of France....
 ceded Louisiana
Louisiana

The State of Louisiana is a U.S. state located in the U.S. Southern States of the United States of America. Its capital is Baton Rouge and largest city is New Orleans....
 to the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 by the treaty of Paris, of April 30, 1803. Spain made a cession of East
East Florida

East Florida was originally a part of Spanish Florida. Under the terms of the Treaty of Paris , which ended the Seven Years' War, Spain ceded all of its territory east and southeast of the Mississippi River to the Kingdom of Great Britain....
 and West Florida
West Florida

West Florida was a region on the north shore of the Gulf of Mexico, which underwent several boundary and sovereignty changes during its history....
 by the treaty of February 22, 1819. Cessions have been severally made of a part of their territory by New York, Virginia, Massachusetts, Connecticut, South Carolina, North Carolina, and Georgia.

Civil law

Under the civil law system, cession is an act by which a personal claim is transferred from one party (the cedent) to another, (the cessionary). Whereas real rights are transferred by delivery, personal rights are transferred by cession. Once the obligation of the debtor is transferred, the creditor is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right.

Ecclesiastical law

When an ecclesiastic is created bishop
Bishop

A bishop is an ordination or consecration member of the Clergy#Christian clergy who is generally entrusted with a position of authority and oversight....
, or when a parson
Parson

In the pre-Protestant Reformation church, a parson was the priest of an independent parish church, that is, a parish church not under the control of a larger ecclesiastical or monastic organisation....
 or rector
Rector

The word rector has a number of different meanings, but all of them indicate an academic, religious or political administrator.The word "rector" also appears in many modern languages, such as Albanian, Dutch language, Spanish language, Catalan language and Romanian language....
 takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender.

See also

  • Assignment
    Assignment

    'Assignment' may refer to:* Assignment , a type of modification to a variable* Assignment , a task given to students* Assignment , a transfer of rights between two parties...
  • Boundary dispute
  • Ecclesiastical Ordinances
    Ecclesiastical ordinances

    Ecclesiastical ordinances are the bylaws of a Christian religious organization, especially that of a diocese or province of a Church body. They are used in the Anglican Communion, particularly the American Episcopal Church in the United States of America and Roman Catholic Church....
  • Escheat
    Escheat

    Escheat is a common law doctrine that operates to ensure that property is not left in limbo and ownerless. It originally referred to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudalism lord....
  • Jurisdiction
    Jurisdiction

    In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
Government
Government

Government is the body within any organization that has the authority to make and the power to enforce laws, regulations, or rules. Typically, the government refers to a civil government -- local, provincial, or national -- but commercial, academic, religious, or other formal organizations are also administered by governing bodies....