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Code of Canon Law

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  • BOOK I : GENERAL NORMS (Cann. 1 - 6)
        • TITLE IV: SINGULAR ADMINISTRATIVE ACTS (Cann. 35 - 93)
          • CHAPTER IV : PRIVILEGES
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CHAPTER IV : PRIVILEGES

Can. 76 §1 A privilege is a favour given by a special act for the benefit of certain persons, physical or juridical; it can be granted by the legislator, and by an executive authority to whom the legislator has given this power.

§2 Centennial or immemorial possession of a privilege gives rise to the presumption that it has been granted.

Can. 77 A privilege is to be interpreted in accordance with can. 36 §1. The interpretation must, however, always be such that the beneficiaries of the privilege do in fact receive some favour.

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

§2 A personal privilege, namely one which attaches to a person, is extinguished with the person.

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

Can. 79 Without prejudice to can. 46, a privilege ceases by revocation on the part of the competent authority in accordance with can. 47.

Can. 80 §1 No privilege ceases by renunciation unless this has been accepted by the competent authority.

§2 Any physical person may renounce a privilege granted in his or her favour only.

§3 Individual persons cannot renounce a privilege granted to a juridical person, or granted by reason of the dignity of a place or thing. Nor can a juridical person renounce a privilege granted to it, if the renunciation would be prejudicial to the Church or to others.

Can. 81 A privilege is not extinguished on the expiry of the authority of the person who granted it, unless it was given with the clause 'at our pleasure' or another equivalent expression.

Can. 82 A privilege which does not burden others does not lapse through non-use or contrary use; if it does cause an inconvenience for others, it is lost if lawful prescription intervenes.

Can. 83 §1 Without prejudice to can. 142 §2, a privilege ceases on the expiry of the time or the completion of the number of cases for which it was granted.

§2 It ceases also if in the judgement of the competent authority circumstances are so changed with the passage of time that it has become harmful, or that its use becomes unlawful.

Can. 84 A person who abuses a power given by a privilege deserves to be deprived of the privilege itself. Accordingly, after a warning which has been in vain, the Ordinary, if it was he who granted it, is to deprive the person of the privilege which he or she is gravely abusing; if the privilege has been granted by the Apostolic See, the Ordinary is obliged to make the matter known to it.




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