Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
529. Confessors, when delegated, can dispense as follows: (a) with
ordinary faculties, from impediments, irregularities and penalties, as
provided in Canons 1044, 1045, 985, 990, 2290; (b) with privileged
faculties, from simple vows not reserved to the Pope, if no injury is
done to the rights of a third party; and from occult irregularity
produced by delinquency, that from homicide excepted. (In the internal
sacramental forum the confessor can dispense from the impediments
indicated in Canons 1043-1045.)
530. Priests that assist at marriages can dispense from impediments as
provided in Canons 1043-1045.
531. The manner of seeking dispensations is as follows: (a) for the
usual dispensations (e.g., those from fast, abstinence, observance of
feasts, and the vows that may be dispensed by confessors) no particular
procedure is required; (b) for the dispensation that must be sought
from the Holy See, if the matter belongs to the internal forum, the
petition is sent to the Sacred Penitentiary through the Confessor or
Ordinary; if it belongs to the external forum, it is sent to the
competent Congregation through the parish priest or Ordinary.
Dispensation from public marriage impediments must be sent through the
Ordinary.
532. The manner of preparing a petition for dispensation is as follows:
(a) the name of the penitent must not be given in petitions to the
Sacred Penitentiary, but the name and address of the party to whom the
reply is to be sent should be clearly given; (b) the petition should be
sent by letter. It may be written in any language, and should state the
case with its circumstances, the favor that is asked, and the true
reason for asking it.
533. A dispensation is invalidated as follows: (a) through defect of
the petition, if it contains a substantial error, and the dispensation
is given on condition of substantial truth (Canon 40); (b) through
defect of the petitioner, if he is incapable of receiving the favor
asked (Canon 46); (c) through defect of the dispensation, as when the
requisite signature or seal is omitted; (d) through defect of the
dispenser, as when he lacks jurisdiction, or grants without a just and
proportionate reason a dispensation for which he has only delegated
power (Canon 84).
534. If a dispensation is unjustly refused, note the following: (a)
ordinarily, the subject has not the right to hold himself free from the
law; (b) in extraordinary circumstances, when the law ceases, or no
longer obliges (see 487 sqq.), the subject is free.
535. The faculty of dispensing should be interpreted as follows: (a)
widely, when it was granted for cases in general (Canon 200, Sec.1); (b)
strictly, when it is granted for a particular case (Canon 85).
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