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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 ''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. 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 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 The Representation of the People Act 1867, 30 & 31 Vict. c. 102 (known as the Reform Act 1867 or the Second Reform Act) was a piece of British legislation that enfranchised part of the urban male working class in England and Wales for the first ...
. 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 Demise is an Anglo-Norman legal term (from French ''démettre'', from Latin ''dimittere'', to send away) for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment." The ...
.


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