Hubbry Logo
search
logo

Dispensation (Catholic canon law)

logo
Community Hub0 Subscribers
Write something...
Be the first to start a discussion here.
Be the first to start a discussion here.
See all
Dispensation (Catholic canon law)

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. Its object is to modify the hardship often caused by rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.

Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right, sometimes even the duty, to dispense from the law.

Dispensation is not a permanent power or a special right, as in privilege. If the reason for the dispensation no longer exists, then the dispensation also ceases to exist. If the immediate basis for the right is withdrawn, then the right ceases.

There must be a "just and reasonable cause" for granting a dispensation. What is "just and reasonable" is based upon the particular situation and the importance of the law to be dispensed from. If the cause is not "just and reasonable", then the dispensation is illegal and, if issued by someone other than the lawgiver of the law in question, or his superior, the dispensation is also invalid. If it is uncertain whether a sufficiently "just and reasonable cause" exists, the dispensation is both legal and valid.

The actual practice of the Roman Catholic Church is based upon the decisions of the Council of Trent, which left the medieval theory intact, while endeavouring to guard against its abuses. The proposal put forward by the Galician and Spanish bishops to subordinate the papal power of dispensation to the consent of the Church in general council was rejected. The canons of the council of Trent, in so far as they affected reformation of morals or ecclesiastical discipline, were decreed "saving the authority of the Holy See" (Sess. xxv. cap. 21, de ref.). At the same time, it was laid down in respect of all dispensations, whether papal or other, that they were to be granted only for just and urgent causes, or in view of some decided benefit to the Church (urgens justaque causa et major quandoque utilitas), and in all cases for free. Payment of money for a dispensation would void the dispensation (Sess. xxv. cap. 18, de ref.).The power to dispense lies with the original lawgiver, with his successors or with his superiors, and with those to whom the right has been delegated. Since there is no superior above the pope, he can dispense from all canonical laws: universal laws introduced by himself, his predecessors or general councils, and particular laws enacted by plenary and provincial councils, bishops and similar prelates. As a general rule the pope delegates his powers to the various congregations of the Roman Curia, which are charged with granting dispensations in matters within the sphere of their competence.

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. The authority for the pope to exempt an individual or situation from a law stems from his position as the Vicar of Christ, which implies divine authority and knowledge, as well as jurisdiction.

A matrimonial dispensation is the relaxation in a particular case of an impediment prohibiting or annulling a marriage. It may be granted:

Dispensation in the internal forum is not always restricted to secret cases (casus occulti). These expressions are by no means identical.

See all
User Avatar
No comments yet.