Cession

Cession

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Encyclopedia
The act of Cession, or to cede, is the assignment of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

 to another entity. In international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 it commonly refers to land transferred by treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

. Ballentine's Law Dictionary defines cession as "a surrender; a yielding; a giving up." In contrast with annexation
Annexation
Annexation is the de jure 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, barring physical size...

, where property is forcibly given up, cession is voluntary or at least apparently so.

A similar concept to cession is concession
Concession (territory)
In international law, a concession is a territory within a country that is administered by an entity other than the state which holds sovereignty over it. This is usually a colonizing power, or at least mandated by one, as in the case of colonial chartered companies.Usually, it is conceded, that...

, while a recession
Recession
In economics, a recession is a business cycle contraction, a general slowdown in economic activity. During recessions, many macroeconomic indicators vary in a similar way...

 is a completely different concept.

Examples


In 1790, the U.S. states of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

 and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

 both ceded land to create the District of Columbia, as specified in the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 of the previous year. The Virginia portion was given back
Retrocession (District of Columbia)
District of Columbia retrocession is the process of returning the land that was given to the federal government for the original purpose of creating the national capital. The District of Columbia was formed in 1791 from of land ceded by the states of Maryland and Virginia in accordance with the...

 in 1847, a process known as "retrocession".

After the Opium Wars
Opium Wars
The Opium Wars, also known as the Anglo-Chinese Wars, divided into the First Opium War from 1839 to 1842 and the Second Opium War from 1856 to 1860, were the climax of disputes over trade and diplomatic relations between China under the Qing Dynasty and the British Empire...

, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 and Kowloon
Kowloon
Kowloon is an urban area in Hong Kong comprising the Kowloon Peninsula and New Kowloon. It is bordered by the Lei Yue Mun strait in the east, Mei Foo Sun Chuen and Stonecutter's Island in the west, Tate's Cairn and Lion Rock in the north, and Victoria Harbour in the south. It had a population of...

 were ceded by the Qing Dynasty
Qing Dynasty
The Qing Dynasty was the last dynasty of China, ruling from 1644 to 1912 with a brief, abortive restoration in 1917. It was preceded by the Ming Dynasty and followed by the Republic of China....

 government of China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

 to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

.

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 France's claim to the territory of Louisiana in 1803. The U.S...

 and Alaska Purchase
Alaska purchase
The Alaska Purchase was the acquisition of the Alaska territory by the United States from Russia in 1867 by a treaty ratified by the Senate. The purchase, made at the initiative of United States Secretary of State William H. Seward, gained of new United States territory...

. Even fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

 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, known as the Treaty Party...

, 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 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

 were later "ceded" to the state by a Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...

 leader.

Contract law


This is a yielding up, or release. France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 ceded Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

 to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 by the treaty of Paris, of April 30, 1803. Spain made a cession of East
East Florida
East Florida was a colony of Great Britain from 1763–1783 and of Spain from 1783–1822. East Florida was established by the British colonial government in 1763; as its name implies it consisted of the eastern part of the region of Florida, with West Florida comprising the western parts. Its capital...

 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. West Florida was first established in 1763 by the British government; as its name suggests it largely consisted of the western portion of the region...

 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 ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...

, or when a parson
Parson
In the pre-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 organization...

 or rector
Rector
The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...

 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 by their teachers to be completed out of the class time....

  • 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. They are used in the Anglican Communion, particularly the American Episcopal Church and Roman Catholic Church....

  • Escheat
    Escheat
    Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...

  • Jurisdiction
    Jurisdiction
    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...