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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 ...
Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...
The Canon Law Letter and Spirit: A Practical Guide to the Code of Canon Law (Gerard Sheehy et al. eds., Liturgical Press 1995). Coriden, James A. An Introduction to Canon Law, revised edn. New York: Paulist Press, 2004. Coriden, James A., Thomas J. Green, Donald E. Heintschel, eds. The Code of Canon Law: A Text and Commentary. New York: Paulist ...
The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
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]
Here it is used as the authority by which judicial officers investigate and decide cases under canon law. [ 1 ] Such authority in the minds of lay Roman lawyers who first used the word "jurisdiction" was essentially temporal in its origin and in its sphere.
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.
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.