CHAPTER II
: SINGULAR DECREES AND PRECEPTS
Can.
48 A singular decree is an administrative act issued by a competent executive
authority, whereby in accordance with the norms of law a decision is given or a
provision made for a particular case; of its nature this decision or provision
does not presuppose that a petition has been made by anyone.
Can.
49 A singular precept is a decree by which an obligation is directly and
lawfully imposed on a specific person or persons to do or to omit something,
especially in order to urge the observance of a law.
Can.
50 Before issuing a singular decree, the person in authority is to seek the
necessary information and proof and, as far as possible, is to consult those
whose rights could be harmed.
Can.
51 A decree is to be issued in writing. When it is a decision, it should
express, at least in summary form, the reasons for the decision.
Can.
52 A singular decree has effect in respect only of those matters it determines
and of those persons to whom it was issued; it obliges such persons everywhere,
unless it is otherwise clear.
Can.
53 If decrees are contrary one to another, where specific matters are
expressed, the specific prevails over the general; if both are equally specific
or equally general, the one later in time abrogates the earlier insofar as it
is contrary to it.
Can.
54 §1 A singular decree whose application is entrusted to an executor, has
effect from the moment of execution; otherwise, from the moment when it is made
known to the person on the authority of the one who issued it.
§2 For a
singular decree to be enforceable, it must be made known by a lawful document
in accordance with the law.
Can.
55 Without prejudice to cann. 37 and 51, whenever a very grave reason prevents
the handing over of the written text of a decree, the decree is deemed to have
been made known if it is read to the person to whom it is directed, in the
presence of a notary or two witnesses - a record of the occasion is to be drawn
up and signed by all present.
Can.
56 A decree is deemed to have been made known if the person to whom it is
directed has been duly summoned to receive or to hear the decree, and without a
just reason has not appeared or has refused to sign.
Can.
57 §1 Whenever the law orders a decree to be issued, or when a person who is
concerned lawfully requests a decree or has recourse to obtain one, the
competent authority is to provide for the situation within three months of
having received the petition or recourse, unless a different period of time is
prescribed by law.
§2 If this
period of time has expired and the decree has not yet been given, then as far
as proposing a further recourse is concerned, the reply is presumed to be
negative.
§3 A
presumed negative reply does not relieve the competent authority of the
obligation of issuing the decree, and, in accordance with can. 128, of
repairing any harm done.
Can.
58 §1 A singular decree ceases to have force when it is lawfully revoked by the
competent authority, or when the law ceases for whose execution it was issued.
§2 A
singular precept, which was not imposed by a lawful document, ceases on the
expiry of the authority of the person who issued it.
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