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Obrogation


This article is about obrogation of canon law, and should not be confused with Abrogation.

In the canon law of the Catholic Church 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.

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

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 (Latin: obrogat from obrogare) the earlier insofar as it is contrary to it.

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



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