Define: Obrogate

Obrogate
Obrogate
Quick Summary of Obrogate

In civil law, obrogation refers to the process of creating a new law to change or cancel an existing law. The act of obrogating a law is known as obrogation.

Full Definition Of Obrogate

In civil law, obrogation refers to the act of modifying or repealing a law, either in its entirety or partially, by enacting a new law. For instance, the government chose to obrogate the previous tax law and substitute it with a fresh legislation. This exemplifies obrogation as the old law was replaced by a new one through the passage of a new legislation.

Obrogate FAQ'S

Obrogation refers to the act of repealing or abolishing a law. It essentially renders the law null and void.

In general, yes. However, the process of obrogating a law varies depending on the jurisdiction and the specific legal system in place.

The authority to obrogate a law typically lies with the legislative body or the governing authority responsible for making and amending laws.

Obrogation involves the complete repeal or abolition of a law, while amendment refers to making changes or modifications to an existing law without completely abolishing it.

Yes, there may be limitations on obrogating certain laws, especially those that are protected by constitutional provisions or international treaties.

Yes, obrogation can be challenged in court if it is believed to be unconstitutional or in violation of any legal rights.

The time it takes to obrogate a law can vary significantly depending on the complexity of the legal system and the specific procedures in place. It can range from a few weeks to several months or even years.

Once a law is obrogated, its legal consequences are generally no longer applicable. However, there may be transitional provisions or grandfather clauses that address the effects of obrogation on past actions or cases.

In some cases, obrogation can be retroactive, meaning it can apply to actions or events that occurred before the law was obrogated. However, retroactive obrogation is often subject to strict scrutiny and may be limited by constitutional or legal principles.

Yes, obrogation can be used to reinstate a previously repealed law. This can occur if the governing authority decides to reverse its decision and revive the law through the obrogation process.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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