Demise is an
Anglo-Norman legal term (from
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
''démettre'', from
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...
''dimittere'', to send away) for the transfer of an
estate
Estate or The Estate may refer to:
Law
* Estate (law), a term in common law for a person's property, entitlements and obligations
* Estates of the realm, a broad social category in the histories of certain countries.
** The Estates, representat ...
, especially by
lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industr ...
. It 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
An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order. Archetypally, it was the period of time between the reign of one monarch and the next (coming from Latin '' ...
in accordance with the maxim "
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differen ...
never dies." At
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
the death of the sovereign ''eo facto'' dissolved Parliament, but this was abolished by the
Representation of the People Act 1867. Similarly the common law doctrine that all offices held under the Crown were terminated at its demise has been abolished by the
Demise of the Crown Act 1901.
Etymology
The English word "demise" comes from the Latin word "demissio" (see, e.g.,
ex demissione), which comes from Latin "demittere," which is a compound of de + mittere, meaning "to send from".
Through
euphemism
A euphemism () is an innocuous word or expression used in place of one that is deemed offensive or suggests something unpleasant. Some euphemisms are intended to amuse, while others use bland, inoffensive terms for concepts that the user wishes ...
, "(a person's) demise" is often used as a stilted term for a person's death. "Demise" can also be used to describe the passing away of some thing, for example: "After 36 years of providing authentic Indian cuisine in Bath, the demise of the Rajpoot restaurant occurred when its owner, Ahmed Chowdhury, retired. It ceased trading on 24 December 2016".
Notes
References
*
;Attribution
*{{EB1911, wstitle=Demise
Legal terminology