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CHAPTER III.

RESCRIPTS

Can. 59 §1. A rescript is an administrative act issued in writing by competent executive authority; of its very nature, a rescript grants a privilege, dispensation, or other favor at someone’s request.

§2. The prescripts established for rescripts are valid also for the oral granting of a permission or favors unless it is otherwise evident.

Can. 60 Any rescript can be requested by all those who are not expressly prohibited from doing so.

Can. 61 Unless it is otherwise evident, a rescript can be requested for another even without the person’s assent and has force before the person’s acceptance, without prejudice to contrary clauses.

Can. 62 A rescript in which no executor is given has effect at the moment the letter is given; other rescripts, at the moment of execution.

Can. 63 §1. Subreption, or concealment of the truth, prevents the validity of a rescript if in the request those things were not expressed which according to law, style, and canonical practice must be expressed for validity, unless it is a rescript of favor which is given motu proprio.

§2. Obreption, or a statement of falsehood, also prevents the validity of a rescript if not even one proposed motivating reason is true.

§3. The motivating reason in rescripts for which there is no executor must be true at the time when the rescript is given; in others, at the time of execution.

Can. 64 Without prejudice to the authority of the Penitentiary for the internal forum, a favor denied by any dicastery of the Roman Curia cannot be granted validly by any other dicastery of the same Curia or by another competent authority below the Roman Pontiff without the assent of the dicastery before which the matter was initiated.

Can. 65 §1. Without prejudice to the prescripts of §§2 and 3, no one is to petition from another ordinary a favor denied by one’s own ordinary unless mention of the denial has been made. When this mention has been made, however, the ordinary is not to grant the favor unless he has obtained the reasons for the denial from the prior ordinary.

§2. A favor denied by a vicar general or by an episcopal vicar cannot be granted validly by another vicar of the same bishop even if the reasons for the denial have been obtained from the vicar who denied it.

§3. A favor denied by a vicar general or by an episcopal vicar and afterwards obtained from the diocesan bishop without any mention made of this denial is invalid. A favor denied by a diocesan bishop, however, even if mention is made of the denial, cannot be obtained validly from his vicar general or episcopal vicar without the consent of the bishop.

Can. 66 A rescript does not become invalid due to an error in the name of the person to whom it is given or by whom it is issued, or of the place where the person resides, or in the matter concerned, provided that, in the judgment of the ordinary, there is no doubt about the person or the matter.

Can. 67 §1. If it happens that two contrary rescripts are obtained for one and the same thing, the particular prevails over the general in those matters which are particularly expressed.

§2. If they are equally particular or equally general, the earlier in time prevails over the later unless there is express mention of the earlier one in the later one or unless the person who obtained the earlier one has not used the rescript out of malice or notable negligence.

§3. In a case of doubt whether a rescript is invalid or not, recourse is to be made to the one who issued it.

Can. 68 A rescript of the Apostolic See in which no executor is given must be presented to the ordinary of the one who obtained it only when it is prescribed in the same letter, or it concerns public matters, or it is necessary that conditions be verified.

Can. 69 A rescript for whose presentation no time is specified can be shown to the executor at any time, provided that there is neither fraud nor malice.

Can. 70 If in a rescript the granting of a favor is entrusted to an executor, it is up to the prudent judgment and conscience of the executor to grant or deny the favor.

Can. 71 No one is bound to use a rescript given only in his or her favor unless bound to do so by a canonical obligation from another source.

Can. 72 Rescripts granted by the Apostolic See which have expired can be extended once by the diocesan bishop for a just cause, but not beyond three months.

Can. 73 Rescripts are not revoked by a contrary law unless the law itself provides otherwise.

Can. 74 Although one can use in the internal forum a favor granted orally, the person is bound to prove the favor in the external forum whenever someone legitimately requests it.

Can. 75 If a rescript contains a privilege or dispensation, the prescripts of the following canons are also to be observed.




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