Legal Definitions - reconduction

The term reconduction has two distinct meanings, depending on the area of law in which it is used:

• 1. In Civil Law (Lease Renewal):

  In civil law systems, reconduction refers to the renewal of a lease agreement. This often happens implicitly, meaning without a new written contract, when a tenant continues to occupy a property and the landlord continues to accept rent after the original lease term has expired. It signifies that the previous lease terms are effectively extended.

  • Example 1 (Residential Lease): Maria's one-year apartment lease officially ended on June 30th. However, she continued to live in the apartment, and her landlord accepted her rent payment for July without a new written agreement. This situation could be considered a reconduction, as the lease is implicitly renewed under the original terms due to both parties' actions.

    Explanation: Maria's continued occupancy and the landlord's acceptance of rent, despite the absence of a new contract, demonstrate the implied renewal of the lease, which is the essence of reconduction in this context.

  • Example 2 (Commercial Lease): A small bakery's three-year commercial lease for its storefront expired. The bakery owner continued to operate the business in the same location, and the property management company continued to send monthly rent invoices, which the owner paid. This ongoing arrangement, without a new formal contract, illustrates reconduction, where the lease is renewed by the actions of both parties.

    Explanation: The mutual agreement to continue the tenancy, evidenced by the bakery's continued operation and the landlord's acceptance of rent, signifies an implicit renewal of the commercial lease, falling under the definition of reconduction.

• 2. In International Law (Forcible Return of Aliens):

  In international law, reconduction refers to the forcible return of foreign nationals (aliens) to their country of origin. This typically applies to individuals who have entered a country illegally, are deemed a public health risk, or are criminals who have served their sentences and are not permitted to remain.

  • Example 1 (Unauthorized Entry): Border patrol agents apprehended a group of individuals attempting to enter a country without proper documentation. After processing, these individuals were immediately sent back across the border to their country of origin. This action is an example of reconduction under international law, as it involves the forcible return of non-citizens who entered without authorization.

    Explanation: The act of apprehending individuals who entered without permission and then physically returning them to their home country directly illustrates the forcible return aspect of reconduction in international law.

  • Example 2 (Post-Sentence Deportation): A foreign national residing in Country A was convicted of a serious felony and served a lengthy prison sentence. Upon completing their sentence, immigration authorities initiated proceedings to send them back to their home country, Country B, rather than allowing them to remain in Country A. This forced return after punishment is a clear instance of reconduction.

    Explanation: The government's action to deport the foreign national after they have served their criminal sentence, compelling their return to their country of origin, exemplifies reconduction as the forcible return of an alien criminal.