Legal Dictionary

Abandonment

Abandonment or detachment that the owner makes of the things that belong to him, stripping himself of all faculties over them, with will of losing whatever powers were incumbent upon it. I Antithesis of the occupation. I In general it means the resigns a right or the breach of a must. I Also, the abandonment of our things, for a act voluntary or by provision of the law. The Abandonment of a person who should be taken care of, from a thing that belongs to us. I Withdrawal o resigns of a action established in Justice. I Carelessness or negligence. I Uncleanliness, dirt. (V. withdrawal, negligence. PRESCRIPTION EXTINCTIVE. RESIGNATION.) I OF ACTION, APPEAL, COMPLAINT O RESOURCE. The resigns what does he do litigant o a complainant of the right that the laws of proceedings conferred to maintain claims and resources legal attempts against judicial resolutions. I OF THINGS. Laws 49 and 50 of Title XXVIII, Part V, already provided for the abandonment that the owner could make a thing furnishing o root, with the intention of not counting it in the future in the number of its goods, because it is useless or burdensome, or out of mere whim. In such a case, the domain that is held on it, and the first person to occupy it makes it his own. thing abandoned receives the name from derelict and becomes rs nullius, susceptible to appropriation by the first occupant posterior. (VAPROPRIATION, OCCUPATION, PRESCRIPTION). I OF RIGHTS. Leave derechos that one person affect, as long as it is capable, means passively renouncing them. (V. resigns de RIGHTS) I OF HOMEThis occurs when a person voluntarily absents himself from his property and his subsequent whereabouts are unknown. Both notes are required: voluntariness and ignorance of the residence current. (V. HOME) I OF FAMILY. It consists of the voluntary and malicious non-compliance of the duties pertaining to the head of family for the support of the home; such as: obligations food, of assistance, education, relief, etc. (V. family, trial of increases)

I OF PEOPLE. This includes the abandonment of those who, for some reason, are being obliged to protect. In the old Law School, the paterfamilias could abandon the people who depended on him, in order to compensate those to whom they had caused some harm. hurt o damage. Such right had already declined in the time of Justinian. I OF RESOURCE. AGENDA y effect to leave a resource initiated, if its procedures are not continued.

I OF PHASES. The abandonment of a destiny, the service or function can sometimes result in damage of the thing public or of general interest. Sanctions have an administrative character when a official abandon the cargo without estar duly authorized. City’s In this matter, it is important that abandoned tasks constitute public functions or private activities.

I OF A SPOUSE ON THE OTHER. It involves a special abandonment of people. It is an essential circumstance of the wedding that the spouses live under the same roof I OF VESSEL. The abandonment of a vessel or ship admits three different assumptions: a) When, being the vessel insured, Is assignment al insurer so that he pays the amount that was insured, b) When the shipowner not only does it abandon the vessel, but of all the belongings of the latter (rigging, equipment, machinery, etc.) and the freight accrued during the voyage, to be free of the responsibility civil that reaches him. This right of abandonment extends to the owners in the part of the vessel that corresponds to each one, c) When the abandonment is due to the imminent shipwreck of the ship, or some cause that forces the captain the crew to separate from the vessel; for example, the threat and summons peremptory of a belligerent submarine.

I OF THE DOMAIN. Abandonment express or implied that is made of a thing by owner of the same. The essential requirements are: a) that it is voluntary; b) that it is carried out by someone who has capacity to have the thing a title Free.

I OF THE MARITAL HOME. Absence of the customer's home or home común of one of the spouses, with the purpose of not returning to him spontaneously. It is cause de community property or separate property. and negative de foods, whenever there is media will y malice.

I OF THE PARENTAL HOME. Children cannot leave the property paternal, or that in which their Parents they have placed them, not even to voluntarily enlist in the army or enter religious communities, without license o authorization their Parents. If the children left the property paternal, or that in which their Parents had put them, whether they had withdrawn from their obedience or that others stop them, the Parents may require that the authorities public services provide them with all the assistance necessary for the return of those to the customer's home set by parents.

I OF THE WORK. Incurs abandonment of the work el employee u worker who does not attend to provide his services, who does so with repeated delays or who leaves his tasks before tiempo  and without due  authorization. (V. ABANDONMENT OF PHASES, NOTICE)

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