Demise

From Wikipedia, the free encyclopedia

For other uses, see Demise (disambiguation).

Demise is an Anglo-French legal term (from French démettre, from Latin dimittere, to send away) for a transfer of an estate, especially by lease. The word has an operative effect in a lease implying a covenant "for quiet enjoyment".

The phrase "demise of the crown" is used in English law to signify the immediate transfer of the sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim "the king never dies". At common law the death of the sovereign eo facto dissolved Parliament, but this was abolished by the Representation of the People Act 1867, 51. Similarly the common law doctrine that all offices held under the crown determined at its demise has been negatived by the Demise of the Crown Act 1901. "Demise" is thus often used loosely for death or decease.

This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.