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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."
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]
It may be well to state at once that since 29 December 1878, by order of Leo XIII, the great papal documents (Litterae Apostolicae) are no longer written in the old Gothic hand known as bollatico; all abbreviations, with the exception of a few obvious ones, like S.R.E., were abolished by the same authority (Acta Sanctae Sedis, XI
Papal protection often evolved later into exemption from episcopal authority. From the 11th century onward, papal activity in the matter of Church reform has often been the source of exemptions. [ 1 ]
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 [22] [23] [24] If the immediate basis for the right is withdrawn, then the right ceases.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 ...
A recent indult was the one granted in 1984 by Pope John Paul II, Quattuor abhinc annos, which authorised the world's Catholic bishops to permit celebrations of the Tridentine Mass liturgy in their dioceses.
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.