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Papal dispensation is a reserved right of the pope that allows for individuals to be exempted from a specific Canon law. Dispensations are divided into two categories: general, and matrimonial. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one.
Papal privileges resembled dispensations, since both involved exceptions to the ordinary operations of the law. But whereas "dispensations exempt[ed] some person or group from legal obligations binding on the rest of the population or class to which they belong," [ 1 ] "[p]rivileges bestowed a positive favour not generally enjoyed by most people."
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.
The 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici), also called the Johanno-Pauline Code, [1] [2] is the "fundamental body of ecclesiastical laws for the Latin Church". [3] It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church.
The pope can dispense from canon law in all cases that are not contrary to Divine law—except in the case of vows, espousals and marriages ratum sed non consummatum, or valid and consummated marriages of neophytes before baptism. In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt.
In Catholic canon law, an indult is a permission or privilege, granted by the competent church authority – the Holy See or the diocesan bishop, as the case may be – for an exception from a particular norm of church law in an individual case.
Originally, according to canon law, all the residents of a diocese, as well as all diocesan institutions, were under the authority of the local bishop. Following complaints by monasteries that bishops treated them oppressively, they were taken under the protection of synods, princes and popes.
At present, the Pope makes use of this right only in certain defined circumstances. The bishop's power is further restricted at times to confirming an election or postulation; or to approving candidates presented by one who enjoys the right of presentation by privilege, custom, or prescription.