• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » A » ABROGATION

ABROGATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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 be abrogated or only derogated from; it is abrogated when it is totally annulled; it is derogated from when only a part is abrogated. 2. Abrogation is express or implied; it is express when it, is literally pronounced by the new law, either in general terms, as when a final clause abrogates or repeals all laws contrary to the provisions of the new one, or in particular terms, as when it abrogates certain preceding laws which are named. 3. Abrogation is implied when the new law contains provisions which are positively, contrary to the former laws, without expressly abrogating such laws: for it is a posteriora derogant prioribus. It is also implied when the order of things for which the law had been made no longer exists, and hence the motives which had caused its enactment have ceased to operate; ratione legis omnino cessante cessat lex.

Law Dictionary – Alternative Legal Definition

The annulment of a law by constitutional authority. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away only some part of a law; from subrogation, which denotes the adding a clause to it; from dispensation, which only sets it aside in a particular instance; and from an tiquation, which is the refusing to pass a law. Encyc. Lond. Implied abrogation. A statute is said to work an “implied abrogation” of an earlier one, when the later statute contains provisions which are inconsistent with the further continuance of the earlier law; or a statute is impliedly abrogated when the reason of it, or the object for which it was passed, no longer exists.

Law Dictionary – Alternative Legal Definition

In the civil law. The adoption of a person who was of full age or sui juris.

Related Posts:

  • REPEAL
  • EXPRESS
  • ABOLITION
  • DEROGATION
  • EXPRESS CONTRACT
  • BYLAWS

Filed Under: A

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version