Obrogation

Law to represent the old one From Wikipedia, the free encyclopedia

In civil law, obrogation (Latin: obrogat[1] from obrogare[2]) is the modification or repeal of a law in whole or in part by issuing a new law.[3][4][5]

In the canon law of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law;[6] it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one.

Catholic Church

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 obrogates the earlier insofar as it is contrary to it.[7]

This canon incorporates Rule 34 in VI of the Regulae Iuris: "Generi per speciem derogatur" or "The specific derogates from the general."[8]

See also

References

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