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{{Short description|Voluntary territorial transfer by treaty}} | {{Short description|Voluntary territorial transfer by treaty}} | ||
{{ | {{redirect-multi|2|Cede|Retrocession|the financial institution|Cede and Company|the insurance market concept|Reinsurance}} | ||
{{distinguish|Session (disambiguation){{!}}session|secession}} | {{distinguish|Session (disambiguation){{!}}session|secession}} | ||
{{Use American English|date=January 2019}} | |||
{{Use mdy dates|date=January 2019}} | |||
==Examples== | The act of '''cession''' is the assignment of [[property]] to another entity. In [[international law]] it commonly refers to [[List of countries and territories by land borders|land]] transferred by [[treaty]]. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency."<ref>''Ballentine's Law Dictionary'', p. 72.</ref> In contrast with [[annexation]], where property is forcibly seized, cession is voluntary or at least apparently so. | ||
== Examples == | |||
In 1790, the U.S. states of [[Maryland]] and [[Virginia]] both ceded land to create the [[District of Columbia]], as specified in the [[United States Constitution|U.S. Constitution]] of the previous year. The Virginia portion was [[Retrocession (District of Columbia)|given back]] in 1847, a process known as "retrocession". | In 1790, the U.S. states of [[Maryland]] and [[Virginia]] both ceded land to create the [[District of Columbia]], as specified in the [[United States Constitution|U.S. Constitution]] of the previous year. The Virginia portion was [[Retrocession (District of Columbia)|given back]] in 1847, a process known as "retrocession". | ||
Following the [[First Opium War]] ( | Following the [[First Opium War]] (1839–1842) and [[Second Opium War]] (1856–1860), [[Hong Kong]] ([[Treaty of Nanking]]) and [[Kowloon]] ([[Convention of Peking]]) were ceded by the [[Qing dynasty]] government of [[China]] to the [[United Kingdom]]; and following defeat in the [[First Sino-Japanese War]], [[Taiwan]] was ceded to the [[Empire of Japan]] in 1895. | ||
[[Territory (country subdivision)|Territory]] can also be ceded for payment, such as in the [[Louisiana Purchase]] and [[Alaska Purchase]]. | [[Territory (country subdivision)|Territory]] can also be ceded for payment, such as in the [[Louisiana Purchase]] and [[Alaska Purchase]]. | ||
==Specific areas of law== | == Specific areas of law == | ||
===Contract law=== | === Contract law === | ||
This is a yielding up, or release.<ref>''Balentine's Law Dictionary'', p. 72.</ref> [[France]] ceded [[Louisiana (New France)|Louisiana]] to the [[United States]] by the treaty of Paris, of April 30, 1803, following the [[Louisiana Purchase]]. Spain made a cession of [[East Florida|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 === | |||
===Civil law=== | |||
Under the [[civil law system]], cession is the equivalent of [[assignment (law)|assignment]], and therefore, is an act by which a personal claim is transferred from the assignor (the ''cedent'') to the assignee (the ''cessionary''). Whereas [[ius in re|real right]]s are transferred by delivery, [[in personam|personal right]]s are transferred by cession. Once the obligation of the debtor is transferred, the cessionary is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right. | Under the [[civil law system]], cession is the equivalent of [[assignment (law)|assignment]], and therefore, is an act by which a personal claim is transferred from the assignor (the ''cedent'') to the assignee (the ''cessionary''). Whereas [[ius in re|real right]]s are transferred by delivery, [[in personam|personal right]]s are transferred by cession. Once the obligation of the debtor is transferred, the cessionary is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right. | ||
===Ecclesiastical law=== | === Ecclesiastical law === | ||
When an ecclesiastic is created [[bishop]], or when a [[parson]] or [[Rector (ecclesiastical)|rector]] takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender. | When an ecclesiastic is created [[bishop]], or when a [[parson]] or [[Rector (ecclesiastical)|rector]] takes another benefice without dispensation, the first benefice becomes void by a legal cession, or surrender. | ||
==Retrocession== | == Retrocession == | ||
{{Wiktionary|retrocession}} | {{Wiktionary|retrocession}} | ||
'''Retrocession''' is the return of something (e.g., land or territory) that was ceded in general or, specifically: | '''Retrocession''' is the return of something (e.g., land or territory) that was ceded in general or, specifically: | ||
Examples: | Examples: | ||
*[[District of Columbia retrocession]], the retrocession to Virginia, and potentially to Maryland, of the land ceded to create the District of Columbia | * [[District of Columbia retrocession]], the retrocession to Virginia, and potentially to Maryland, of the land ceded to create the District of Columbia | ||
*Retrocession of [[Louisiana (New Spain)]] from Spain to France, formally accomplished just three weeks before the U.S. received the Louisiana Purchase lands from France | *Retrocession of [[Louisiana (New Spain)]] from Spain to France, formally accomplished just three weeks before the U.S. received the Louisiana Purchase lands from France | ||
=== Disputed case === | === Disputed case === | ||
* The claimed "Taiwan retrocession" refers to the view that the [[sovereignty]] over [[Taiwan]] has been handed over in 1945 from Japan to the [[Republic of China (1912–1949)|Republic of China]], the widely-recognized government of [[China]] at the time, following Japan's defeat in [[World War II|WWII]]. Whether this "retrocession" is legitimate under [[international law]] is a [[Theory of the Undetermined Status of Taiwan|disputed issue]] in the complex [[political status of Taiwan]]. See also: [[Taiwan Retrocession Day]]. | |||
*The claimed "Taiwan retrocession" refers to the view that the [[sovereignty]] | |||
In [[insurance]], retrocessional arrangements generally are governed by a reinsurance or retrocessional agreement and the principles applicable to reinsurance also are applicable to retrocessional cover. | In [[insurance]], retrocessional arrangements generally are governed by a reinsurance or retrocessional agreement and the principles applicable to reinsurance also are applicable to retrocessional cover. | ||
==See also== | == See also == | ||
* | * {{annotated link|Boundary dispute}} | ||
* | * {{annotated link|Ecclesiastical ordinances}} | ||
* | * {{annotated link|Escheat}} | ||
* | * {{annotated link|Jurisdiction}} | ||
* | * {{annotated link|Land back}} | ||
* {{annotated link|List of territory purchased by a sovereign nation from another sovereign nation}} | |||
* {{annotated link|State cessions}} | |||
==References== | == References == | ||
<references/> | <references/> | ||
Latest revision as of 09:54, 22 March 2026
The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency."[1] In contrast with annexation, where property is forcibly seized, cession is voluntary or at least apparently so.
Examples[edit | edit source]
In 1790, the U.S. states of Maryland and Virginia both ceded land to create the District of Columbia, as specified in the U.S. Constitution of the previous year. The Virginia portion was given back in 1847, a process known as "retrocession".
Following the First Opium War (1839–1842) and Second Opium War (1856–1860), Hong Kong (Treaty of Nanking) and Kowloon (Convention of Peking) were ceded by the Qing dynasty government of China to the United Kingdom; and following defeat in the First Sino-Japanese War, Taiwan was ceded to the Empire of Japan in 1895.
Territory can also be ceded for payment, such as in the Louisiana Purchase and Alaska Purchase.
Specific areas of law[edit | edit source]
Contract law[edit | edit source]
This is a yielding up, or release.[2] France ceded Louisiana to the United States by the treaty of Paris, of April 30, 1803, following the Louisiana Purchase. 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[edit | edit source]
Under the civil law system, cession is the equivalent of assignment, and therefore, is an act by which a personal claim is transferred from the assignor (the cedent) to the assignee (the cessionary). Whereas real rights are transferred by delivery, personal rights are transferred by cession. Once the obligation of the debtor is transferred, the cessionary is entirely substituted. The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right.
Ecclesiastical law[edit | edit source]
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.
Retrocession[edit | edit source]
Retrocession is the return of something (e.g., land or territory) that was ceded in general or, specifically:
Examples:
- District of Columbia retrocession, the retrocession to Virginia, and potentially to Maryland, of the land ceded to create the District of Columbia
- Retrocession of Louisiana (New Spain) from Spain to France, formally accomplished just three weeks before the U.S. received the Louisiana Purchase lands from France
Disputed case[edit | edit source]
- The claimed "Taiwan retrocession" refers to the view that the sovereignty over Taiwan has been handed over in 1945 from Japan to the Republic of China, the widely-recognized government of China at the time, following Japan's defeat in WWII. Whether this "retrocession" is legitimate under international law is a disputed issue in the complex political status of Taiwan. See also: Taiwan Retrocession Day.
In insurance, retrocessional arrangements generally are governed by a reinsurance or retrocessional agreement and the principles applicable to reinsurance also are applicable to retrocessional cover.
See also[edit | edit source]
- Boundary dispute
- Ecclesiastical ordinances
- Escheat
- Jurisdiction
- Land back
- List of territory purchased by a sovereign nation from another sovereign nation
- State cessions