ABROGATION

Search:

ABROGATION

ABROGATION, in the civil law, legislation. The destruction or annulling of a former law, by an act of the legislative power, or by usage. A law may beabrogated or only derogated from; it is abrogated when it is totallyannulled; it is derogated from when only a part is abrogated: derogaturlegi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. Dig lib..50, t. 17, 1, 102. Lex rogatur dum fertur; abrogatur dum tollitur; derogatureidem dum quoddam ejus caput aboletuer; subrogatur dum aliquid ei adjicitur;abrogatur denique, quoties aliquid in ea mutatur. Dupin, Proleg. Juris, Art.iv. 2. Abrogation is express or implied; it is express when it, isliterally pronounced by the new law, either in general terms, as when afinal clause abrogates or repeals all laws contrary to the provisions of thenew one, or in particular terms, as when it abrogates certain preceding lawswhich are named. 3. Abrogation is implied when the new law contains provisions which arepositively, contrary to the former laws, without expressly abrogating suchlaws: for it is a posteriora derogant prioribus. 3 N. S. 190; 10 M. R. 172.560. It is also implied when the order of things for which the law had beenmade no longer exists, and hence the motives which had caused its enactmenthave ceased to operate; ratione legis omnino cessante cessat lex. Toullier,Droit Civil Francais, tit. prel. Sec. 11, n. 151. Merlin, mot Abrogation.

Terms of Use | Canadian Lawyers