Obrogation


In civil law, obrogation Latin: obrogat from obrogare is the adjusting or repeal of a law in whole or in factor by issuing a new law.

In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a preceding 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


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

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The 1983 program 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 for contrary to it.

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