ABDICATION. - This word, which in ancient Roman law served to indicate every kind of renunciation, and later took on the specific meaning of renunciation of a public office, and also of expulsion of the filiusfamilias from the family, came in the end to refer only to the renunciation of royal power, and in this sense was received by modern law.

According to the most widespread opinion, for its validity a formal acceptance by parliament is not necessary; it is enough that the sovereign's will be clearly expressed in an authentic act. This does not prevent, however, that particular provisions, to be issued by means of a special law, may prove opportune, above all for the purpose of declaring the juridical consequences of abdication with regard to the future descendants of the abdicating king. It is admitted by all, moreover, that abdication cannot be made subject to a condition or a term and that it exercises no influence on the order of succession to the throne.

The institution of abdication is not unknown to canon law; indeed, the question whether the Pope could or could not renounce the exercise of his authority was the object of lively dispute during the Middle Ages (v. SOMMO PONTEFICE).

Bibliography3 works

BIBL.: O. Ranelletti, Istituzioni di diritto pubblico, Milan 1935, p. 219; V. E. Orlando, A., in Nuovo Digesto Italiano, I, Turin 1937, p. 23; J. Chelodi-P. Ciprotti, Ius de personis, 3rd ed., Vicenza 1942, p. 249.

Ferruccio Liuzzi

@incollection{ec1_abdicazione, author = {Liuzzi, Ferruccio}, title = {Abdicazione}, booktitle = {Enciclopedia Cattolica}, volume = {I}, pages = {56--57}, note = {Cited by column}, publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico}, address = {Città del Vaticano}, year = {1948}, url = {https://azioneromana.com/article/abdicazione} }

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Abdication

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