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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 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.

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