OBROGATION. - Obrogation (ob-rogare, that is, contra rogare) is a change to an already existing law made in such a way that, a part having been added, another part is taken away.

The concept of obrogation is fixed by Ulpian: «Lex ... obrogatur id est mutatur aliquid e prima lege» (D. 50, 16, 102); and such was the concept among the decretals. Later, the more recent canonists, such as Maroto, Chelodi, Vermeersch-Creusen, and the civilists held obrogation to be an implicit revocation of the law, which is effected, that is, by means of a law contrary to the first, and is distinguished from abrogation, which is an explicit revocation.

In the CIC obrogation is spoken of in three canons: in can. 3: obrogant, in can. 22: obrogat, in can. 2226: obroget. Not always, however, in the same meaning: in fact, in can. 3 the verb has the meaning of simple modification; in can. 2226 of abrogation; in can. 22 the term obrogation is used in a general sense, to indicate explicit and implicit abrogation.

Obrogation must be clearly established, being, in the final analysis, a correction of the law and, as such, odious. In doubt, therefore, it is not presumed.

The cessation of the law that occurs through obrogation, that is, through the introduction of a contrary law, requires promulgation, without which a new obligation cannot be imposed.

Bibliography5 works

BIBL.: S. D'Angelo, Annotatiunculae in modos, quibus leges cessant ab extrinsecō, in Apollinaris, 1 (1928), pp. 238-45; G. Michiels, Normae generales iuris canonici, I, Lublin 1929, p. 53 ff., 494; A. Van Hove, De legibus ecclesiasticis, Malines-Rome 1933, pp. 14-14, 351-52, 528-59; A. Laver, Index Verborum CIC, Rome 1941, see index; M. Cicognani-D. Staffa, Commentarium ad librum primum CIC, I, ibid. 1949.

Innocenzo Parisella

@incollection{ec9_obrogazione, author = {Parisella, Innocenzo}, title = {Obrogazione}, booktitle = {Enciclopedia Cattolica}, volume = {IX}, pages = {37}, note = {Cited by column}, publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico}, address = {Città del Vaticano}, year = {1952}, url = {https://azioneromana.com/article/obrogazione} }

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