In law, a renunciation,
repudiation, or disavowal of
rights, duties, or liabilities
by words or conduct.
Specifically:
(1) In actions involving real
estate, a renunciation by a
party of his character as tenant
of one of the other parties to
the action. Where a tenant sets
up a claim of title in himself,
superior to that of his
landlord, or alleges that the
one of whom he nominally holds
possession is not the owner, or
has not sufficient interest in
the property to execute a valid
lease, and refuses to recognize
him as his landlord, it is said
to be a disclaimer, and even if
not sustained by the proof,
works a forfeiture of the lease.
A mere verbal refusal to
recognize the lessor as landlord
is not considered sufficient; it
must be made where it will
become a matter of record, as in
a proceeding involving the
rights of the landlord in the
property.
(2) The act by which a person
refuses to accept an estate
which is devised or conveyed to
him. This is usually
accomplished by a deed, or other
writing, and in order to be
recognized without making
application to the court, should
be made before the devisee or
grantee has in any way, by words
or acts, shown assent to the
devise or conveyance. It most
frequently occurs where property
is conveyed to one as trustee
for another, and he does not
care to assume the duties and
responsibilities of the trust.
(3) In equity pleading, a
written statement by the
defendant disavowing or
renouncing any interest in, or
claim to, the matters set forth
In the complainant's bill. It is
a formal mode of defense, and
entitles the defendant to a
hearing on the question as to
whether he has any interest or
connection with the matters in
controversy, and if he succeeds
in establishing that he has not,
he is entitled to an order
striking out his name as party
defendant. It does not deny any
of the material allegations of
the bill and should not be used
where facts are alleged which,
if not controverter, would show
a liability on the part of the
defendant. Usually, therefore,
it accompanies an answer, and
the two pleadings are considered
together. See PLEADING.
(4) In patent law, a properly
attested writing stating that
the one who executes it is a
patentee of a certain invention,
and that he has discovered since
filing his claim that he was not
the first inventor of and
therefore wishes to eliminate
from his claim a part of the
thing which he originally
included, through mistake or
inadvertence, in the
specifications, or statement of
the nature and object of his
invention. This should be
attested by witnesses and filed
and recorded in the Patent
Office, and it is then
considered as a part of the
original specifications. The
part which he seeks to retain
must be clearly separable and
distinguishable from the part
eliminated, and still be a
patentable invention. Fraud or
deception in making his original
applications will prevent a
patentee from taking advantage
of this rule.