ABDICAZIONE

Image from page 60
Image from page 60

ABDICATION. – This term, which in ancient Roman law denoted every kind of renunciation, and later took on the specific meaning of renunciation of a public office and also of the expulsion of the *filiusfamilias* from the family, finally came to refer only to the renunciation of royal power, and in this sense was adopted by modern law.

According to the most widely held opinion, formal acceptance by parliament is not necessary for its validity; it is sufficient that the sovereign’s will be clearly expressed in an authentic act. This does not, however, preclude the possibility that special provisions, to be issued by means of a special law, may become advisable, especially for the purpose of declaring the legal consequences of abdication with regard to the future descendants of the abdicating monarch. It is also universally acknowledged that abdication cannot be made subject to a condition or term and that it has no effect on the order of succession to the throne.

The institution of abdication is not unknown to canon law; indeed, during the Middle Ages there was a lively debate over whether the Pope could or could not renounce the exercise of his authority (see SOMMO PONTEFICE).

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