Obrogation
This article is about obrogation of canon law, and should not be confused with Abrogation.
Lua error in package.lua at line 80: module 'strict' not found. Obrogation is a term in the canon law of the Catholic Church that refers to 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 vs. abrogation
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: <templatestyles src="Template:Blockquote/styles.css" />
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
References
- ↑ Della Rocca, Manual, 69.
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- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 4.0 4.1 1983 Code of Canon Law, Canon 53, accessed 24 March 2016
- ↑ Caparros et al., 1983 Code of Canon Law Annotated, canon 53 (pg. 66)
- ↑ Black, Nolan & Connolly 1979, p. 971.
- ↑ Coriden et al., Commentary, pg. 54 (commentary on canon 53).
Bibliography
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- Coriden, James A., Thomas J. Green, Donald E. Heintschel (editors). The Code of Canon Law: A Text and Commentary (New York: Paulist Press, 1985). Commissioned by the Canon Law Society of America.
- Della Rocca, Fernando. Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) translated by Rev. Anselm Thatcher, O.S.B.
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