|General Norms » Singular Administrative Acts » Rescripts
|§1 A rescript is an administrative act issued in writing by a competent authority, by which of its very nature a privilege, dispensation or other favour is granted at someone’s request.
§2 Unless it is otherwise established, provisions laid down concerning rescripts apply also to the granting of permission and to the granting of favours by word of mouth.
|Any rescript can be obtained by all who are not expressly prohibited.
|Unless it is otherwise established, a rescript can be obtained for another, even without that person’s consent, and it is valid before its acceptance, without prejudice to contrary clauses.
|A rescript in which there is no executor, has effect from the moment the document was issued; the others have effect from the moment of execution.
|§1 Except where there is question of a rescript which grants a favour Motu proprio, subreption, that is, the withholding of the truth, renders a rescript invalid if the request does not express that which, according to canonical law, style and practice, must for validity be expressed.
§2 Obreption, that is, the making of a false statement, renders a rescript invalid if not even one of the motivating reasons submitted is true.
§3 In rescripts of which there is no executor, the motivating reason must be true at the time the rescript is issued; in the others, at the time of execution.
|Without prejudice to the right of the Penitentiary for the internal forum, a favour refused by any department of the Roman Curia cannot validly be granted by another department of the same Curia, or by any other competent authority below the Roman Pontiff, without the approval of the department which was first approached.
|§1 Without prejudice to the provisions of §§2 and 3, no one is to seek from another Ordinary a favour which was refused by that person’s proper Ordinary, unless mention is made of the refusal. When the refusal is mentioned, the Ordinary is not to grant the favour unless he has learned from the former Ordinary the reasons for the refusal.
§2 A favour refused by a Vicar general or an episcopal Vicar cannot be validly granted by another Vicar of the same Bishop, even when he has learned from the Vicar who refused the reasons for the refusal.
§3 A favour refused by a Vicar general or an episcopal Vicar and later, without any mention being made of this refusal, obtained from the diocesan Bishop, is invalid. A favour refused by the diocesan Bishop cannot, without the Bishop’s consent, validly be obtained from his Vicar general or episcopal Vicar, even though mention is made of the refusal.
|A rescript is not rendered invalid because of an error in the name of the person to whom it is given or by whom it is issued, or of the place in which such person resides, or of the matter concerned, provided that in the judgement of the Ordinary there is no doubt about the person or the matter in question.
|§1 If it should happen that two contrary rescripts are obtained for one and the same thing, where specific matters are expressed, the specific prevails over the general.
§2 If both are equally specific or equally general, the one earlier in time prevails over the later, unless in the later one there is an express mention of the earlier, or unless the person who first obtained the rescript has not used it by reason of deceit or of notable personal negligence.
§3 In doubt as to whether a rescript is invalid or not, recourse is to be made to the issuing authority.
|A rescript of the Apostolic See in which there is no executor must be presented to the Ordinary of the person who obtains it only when this is prescribed in the rescript, or when there is question of public affairs, or when it is necessary to have the conditions verified.
|A rescript for whose presentation no time is determined, may be submitted to the executor at any time, provided there is no fraud or deceit.
|If in a rescript the very granting of the favour is entrusted to the executor, it is a matter for the executor’s prudent judgement and conscience to grant or to refuse the favour.
|No one is obliged to use a rescript granted in his or her favour only, unless bound by a canonical obligation from another source to do so .
|Rescripts granted by the Apostolic See which have expired, can for a just reason be extended by the diocesan Bishop, but once only and not beyond three months.
|No rescripts are revoked by a contrary law, unless it is otherwise provided in the law itself.
|Although one who has been granted a favour orally may use it in the internal forum, that person is obliged to prove the favour for the external forum whenever this is lawfully requested.
|If a rescript contains a privilege or a dispensation, the provision of the following canons are also to be observed.
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