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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.
If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation. [2] When a couple has received a dispensation, the partners may validate the marriage by a simple renewal of consent according to canonical form as a new act of the will. [5]
Dispensation from the obligation of celibacy can only be granted by the pope, except in ordinations that have been declared invalid, in which case no dispensation is necessary. Because the sacramental character of ordination makes it indelible, the cleric maintains the power of orders.
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.
Disparity of cult, sometimes called disparity of worship (Disparitas Cultus), is a diriment impediment in Roman Catholic canon law: a reason why a marriage cannot be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized.
However, in situations where there was a complete absence of the canonical form (e.g. if the marriage was concluded in a civil ceremony) and a Catholic later wants to get married in canonical form to a different person, in many (but not all) dioceses the possibility exist for the parish priest to declare the former civil marriage invalid as ...
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 [22] [23] [24] If the immediate basis for the right is withdrawn, then the right ceases.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 ...
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