Legal Definitions - abrogate

Abrogate refers to the act of formally canceling, repealing, or revoking something, such as a law, a legal right, or a contract, through an authoritative action. When something is abrogated, it is rendered invalid or unenforceable.

Here are a few examples to illustrate this concept:

• Imagine a state legislature passes a new law that explicitly states it is replacing and nullifying an older, outdated statute. For instance, if a state had an old law requiring all public documents to be handwritten, and the legislature passes a new statute that says, "This new law abrogates all previous statutes mandating handwritten public documents," then the old law is formally canceled and no longer in effect.

  Explanation: The state legislature, acting within its legislative authority, formally repealed the old law, making it invalid and unenforceable.

• In the context of international relations, a country might decide to abrogate a treaty it previously signed with another nation. This means the country formally withdraws from the treaty, declaring that it will no longer be bound by its terms and obligations, effectively canceling its participation.

  Explanation: The country's formal declaration or legislative act cancels its adherence to the treaty, ending its legal force for that nation.

• Consider a situation where two businesses have a contract for a specific service, like a five-year maintenance agreement. If, after two years, both parties mutually agree that the service is no longer needed and decide to terminate the agreement before its natural end, they are effectively choosing to abrogate the contract. They formally cancel their existing legal obligations to each other under that specific agreement.

  Explanation: The mutual agreement between the parties acts as a formal cancellation of the contract, nullifying its future enforceability and releasing both parties from their remaining obligations.