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In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of the law in certain cases. [1] Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in ...
Ordinarily greater benefices are conferred by the pope; minor benefices by the bishop, who as a rule has the power of appointing to all benefices in his diocese. The pope, however, owing to the fullness of his jurisdiction, may appoint to any benefice whatsoever.
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 [22] [23] [24] If the immediate basis for the right is withdrawn, then the right ceases.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 ...
The Code of Rubrics is a three-part liturgical document promulgated in 1960 under Pope John XXIII, which in the form of a legal code indicated the liturgical and sacramental law governing the celebration of the Roman Rite Mass and Divine Office. Pope John approved the Code of Rubrics by the motu proprio Rubricarum instructum of 25 July 1960. [1]
The right of institution to major benefices rests in the pope, but in the case of minor benefices it may belong to a bishop and his vicar-general, to a vicar capitular, or even to other ecclesiastics, in virtue of a foundation title dating from before the Council of Trent, [3] or of a privilege, or of prescription.
Subreption in Catholic Canon law is "a concealment of the pertinent facts in a petition, as for dispensation or favor, that in certain cases nullifies the grant", [3] "the obtainment of a dispensation or gift by concealment of the truth". [2] The terms are also used in the same senses as in Catholic canon law in Scots law. [2]
An English translation, but with adaptations for the United States, can be consulted at the appropriate web page of the United States Conference of Catholic Bishops' Committee on Divine Worship. [4] The same translation, but with adaptations instead for England and Wales, may be found at the web site of the England & Wales Liturgy Office. [5]
Some writers hold that the former are positive favours, while indults are negative. [5] The pope might confer a degree as a positive privilege in his capacity as a temporal sovereign, or he might do so by way of dispensation from the strict requirements of the canon law. In both cases his authority to do so was found in the canon law.
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