CHAPTER III
: RESCRIPTS
Can.
59 §1 A rescript is an administrative act issued in writing by a competent
authority, by which of its very nature a privilege, dispensation or other
favour is granted at someone's request.
§2 Unless
it is otherwise established, provisions laid down concerning rescripts apply
also to the granting of permission and to the granting of favours by word of
mouth.
Can.
60 Any rescript can be obtained by all who are not expressly prohibited.
Can.
61 Unless it is otherwise established, a rescript can be obtained for another,
even without that person's consent, and it is valid before its acceptance,
without prejudice to contrary clauses.
Can.
62 A rescript in which there is no executor, has effect from the moment the
document was issued; the others have effect from the moment of execution.
Can.
63 §1 Except where there is question of a rescript which grants a favour Motu
proprio, subreption, that is, the withholding of the truth, renders a rescript
invalid if the request does not express that which, according to canonical law,
style and practice, must for validity be expressed.
§2
Obreption, that is, the making of a false statement, renders a rescript invalid
if not even one of the motivating reasons submitted is true.
§3 In rescripts
of which there is no executor, the motivating reason must be true at the time
the rescript is issued; in the others, at the time of execution.
Can.
64 Without prejudice to the right of the Penitentiary for the internal forum, a
favour refused by any department of the Roman Curia cannot validly be granted
by another department of the same Curia, or by any other competent authority
below the Roman Pontiff, without the approval of the department which was first
approached.
Can.
65 §1 Without prejudice to the provisions of §§2 and 3, no one is to seek from
another Ordinary a favour which was refused by that person's proper Ordinary,
unless mention is made of the refusal. When the refusal is mentioned, the
Ordinary is not to grant the favour unless he has learned from the former
Ordinary the reasons for the refusal.
§2 A favour
refused by a Vicar general or an episcopal Vicar cannot be validly granted by
another Vicar of the same Bishop, even when he has learned from the Vicar who
refused the reasons for the refusal.
§3 A favour
refused by a Vicar general or an episcopal Vicar and later, without any mention
being made of this refusal, obtained from the diocesan Bishop, is invalid. A
favour refused by the diocesan Bishop cannot, without the Bishop's consent,
validly be obtained from his Vicar general or episcopal Vicar, even though
mention is made of the refusal.
Can.
66 A rescript is not rendered invalid because of an error in the name of the
person to whom it is given or by whom it is issued, or of the place in which
such person resides, or of the matter concerned, provided that in the judgement
of the Ordinary there is no doubt about the person or the matter in question.
Can.
67 §1 If it should happen that two contrary rescripts are obtained for one and
the same thing, where specific matters are expressed, the specific prevails
over the general.
§2 If both
are equally specific or equally general, the one earlier in time prevails over
the later, unless in the later one there is an express mention of the earlier,
or unless the person who first obtained the rescript has not used it by reason
of deceit or of notable personal negligence.
§3 In doubt
as to whether a rescript is invalid or not, recourse is to be made to the
issuing authority.
Can.
68 A rescript of the Apostolic See in which there is no executor must be
presented to the Ordinary of the person who obtains it only when this is
prescribed in the rescript, or when there is question of public affairs, or
when it is necessary to have the conditions verified.
Can.
69 A rescript for whose presentation no time is determined, may be submitted to
the executor at any time, provided there is no fraud or deceit.
Can.
70 If in a rescript the very granting of the favour is entrusted to the
executor, it is a matter for the executor's prudent judgement and conscience to
grant or to refuse the favour.
Can.
71 No one is obliged to use a rescript granted in his or her favour only,
unless bound by a canonical obligation from another source to do so .
Can.
72 Rescripts granted by the Apostolic See which have expired, can for a just
reason be extended by the diocesan Bishop, but once only and not beyond three
months.
Can.
73 No rescripts are revoked by a contrary law, unless it is otherwise provided
in the law itself.
Can.
74 Although one who has been granted a favour orally may use it in the internal
forum, that person is obliged to prove the favour for the external forum
whenever this is lawfully requested.
Can.
75 If a rescript contains a privilege or a dispensation, the provision of the
following canons are also to be observed.
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