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The Holy See has at times granted dispensations from the celibacy requirement for former Anglican priests and former Lutheran ministers. [9] 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.
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota , one of the ordinary tribunals of the Apostolic See.
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The Code of Canons of the Eastern Churches of the Eastern Catholic Church holds in Canon 809 that affinity invalidates marriage in the direct line in any degree, and also in the collateral line to the second degree, thus prohibiting someone from marrying their sibling-in-law without first receiving a dispensation. [12]
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. [1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent.
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Dispensation is not a permanent power or a special right as in privilege. [20] If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely. [22] [23] [24] If the immediate basis for the right is withdrawn, then the right ceases. [22] In canonical jurisprudence, the dispensing power is the corollary of the ...
On 26 October 2009 Pope Benedict XVI issued the motu proprio Omnium in Mentem, which amended five canons (1008, 1009, 1086, 1117, 1124) of the 1983 Code of Canon Law clarifying that, among those in Holy Orders, only bishops and priests received the power and mission to act in the person of Christ the Head while deacons obtained the faculty to ...