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CHAPTER IV.

PRIVILEGES

Can. 76 §1. A privilege is a favor given through a particular act to the benefit of certain physical or juridic persons; it can be granted by the legislator as well as by an executive authority to whom the legislator has granted this power.

§2. Centenary or immemorial possession induces the presumption that a privilege has been granted.

Can. 77 A privilege must be interpreted according to the norm of can. 36, §1, but that interpretation must always be used by which the beneficiaries of a privilege actually obtain some favor.

Can. 78 §1. A privilege is presumed to be perpetual unless the contrary is proved.

§2. A personal privilege, namely one which follows the person, is extinguished with that person’s death.

§3. A real privilege ceases through the complete destruction of the thing or place; a local privilege, however, revives if the place is restored within fifty years.

Can. 79 A privilege ceases through revocation by the competent authority according to the norm of can. 47, without prejudice to the prescript of can. 81.

Can. 80 §1. No privilege ceases through renunciation unless the competent authority has accepted the renunciation.

§2. Any physical person can renounce a privilege granted only in that person’s favor.

§3. Individual persons cannot renounce a privilege granted to some juridic person or granted in consideration of the dignity of a place or of a thing, nor is a juridic person free to renounce a privilege granted to it if the renunciation brings disadvantage to the Church or to others.

Can. 81 A privilege is not extinguished when the authority of the one who granted it expires unless it has been given with the clause, at our good pleasure (ad beneplacitum nostrum), or some other equivalent expression.

Can. 82 A privilege which is not burdensome to others does not cease through non-use or contrary use. If it is to the disadvantage of others, however, it is lost if legitimate prescription takes place.

Can. 83 §1. A privilege ceases through the lapse of the time period or through the completion of the number of cases for which it had been granted, without prejudice to the prescript of can. 142, §2.

§2. It also ceases if, in the judgment of the competent authority, circumstances are so changed in the course of time that it becomes harmful or its use illicit.

Can. 84 One who abuses the power given by a privilege deserves to be deprived of that privilege.

Therefore, when the holder of a privilege has been warned in vain, an ordinary is to deprive the one who gravely abuses it of a privilege which he himself has granted. If the privilege was granted by the Apostolic See, however, an ordinary is bound to notify the Apostolic See.




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