In
civil law, obrogation (
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
: from ) is the modification or repeal of a law in whole or in part by issuing a new law.
In the
canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
of the
Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
, obrogation is the enacting of a contrary law that is a revocation of a previous law; 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
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of Ecclesiastical Law, ecclesiastical laws for the Latin Church". It is the sec ...
governs here in
canon 53:
This canon incorporates Rule 34 in VI of the ''
Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific
derogates from the general."
[Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53).]
See also
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Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law ...
*
Conflict of laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict o ...
*
Implied repeal
*
Naskh (tafsir)
References
Bibliography
*
*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.
*
Jurisprudence of Catholic canon law
Civil law legal terminology
Catholic Church legal terminology
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