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Vol. 22 No. 25 (2012)

Articles

Revocation the Custom for Causes of an External Nature in the Canonical System (Can. 28 of the Code of Canon Law of 1983)

DOI: https://doi.org/10.32077/bskp.5954  [Google Scholar]
Published: 2012-06-30

Abstract

In the presented article, the Author made the interpretation of the can. 28 of the Code of Canon Law of 1983, according to the issue of the revocation the custom in the canonical system. He showed that custom in force in the community, could be revoked by means of two general mechanisms, namely by the contrary custom and contrary law. What is more, the legislator predicted the possibility of two exceptions to the general rule, which are: revocation the particular customs by the universal law and privileged customs. According to a doctrine, if the particular customs are revoked, it should be a general repealing provision in the universal law placed. Centenary and immemorial customs in turn can be revoked only by the introduction of the repealing reservation including clear reference to those customs.

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