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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