Obrogation

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In the canon law of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law. [1] It may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one.

Obrogation

In the civil law, obrogation is the modification or repeal of a law in whole or in part by issuing a new law. [2] [3]

The 1983 Code of Canon Law governs here in Canon 53:

If decrees are contrary one to another, where specific matters are expressed, the specific prevails over the general; if both are equally specific or equally general, the one later in time [4] obrogates (Latin: obrogat [5] from obrogare [6] ) the earlier insofar as it is contrary to it. [4]

This canon incorporates Rule 34 in VI of the Regulae Iuris : "Generi per speciem derogatur" or "The specific derogates from the general." [7]

See also

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For a look at Presumption in other jurisdictions, see Presumption.

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References

  1. Della Rocca, Manual, 69.
  2. Obrogate. Merriam-Webster Dictionary . Merriam-Webster.com. Retrieved March 24, 2016.(subscription required)
  3. Garner, Bryan A. (1999). obrogate . Black's Law Dictionary (7th ed.). St. Paul, Minnesota: West Publishing. p.  1104. ISBN   0-314-22864-0.
  4. 1 2 1983 Code of Canon Law, Canon 53, accessed 24 March 2016
  5. Caparros et al., 1983 Code of Canon Law Annotated, canon 53 (pg. 66)
  6. Black, Nolan & Connolly 1979, p. 971.
  7. Coriden et al., Commentary, pg. 54 (commentary on canon 53).

Bibliography