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Most broadly, 'cession' (to 'cede') is the assignment of
property to another entity. In
international law it commonly refers to
land transferred by
treaty. Cession is "a surrender; a yielding; a giving up."
[1] It is voluntary, as opposed to
annexation, which is forcible.
In one example,
Maryland and
Virginia both ceded land in 1790 to become the
District of Columbia, specified in the
U.S. Constitution of the previous year. The Virginia portion was
given back in
1847, a process known as 'retrocession'.
Territory can also be ceded for payment, such as in the
Louisiana Purchase and
Alaska Purchase. Even
fraud can be involved, such as in the
Treaty of New Echota, whereby lands already taken in 1832 by outright theft of the
U.S. state of
Georgia were later "ceded" by to the state by a
Cherokee leader.
A similar concept to cession is
concession, while
recession is somewhat different.
Specific areas of law
Contract Law
This is a yielding up, or release.
[2] France ceded
Louisiana to the
United States by the
treaty of Paris, of April 30,
1803. Spain made a cession of
East and
West Florida 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, or when a
parson or
rector takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender.
References
1. Ballentine's Law Dictionary, p. 72
2. See, Balentine's Law Dictionary, Id., at 72.
See also
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Assignment
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Boundary dispute
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Ecclesiastical Ordinances
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Escheat
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Jurisdiction
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Government