How dispensations are interpreted, used and cease

The power of granting dispensations in general but not for a particular case (Can. 85) is of wide interpretation, for it exists for the common good; a dispensation, however, is a wound inflicted on the law, for the law should be uniformly observed by all as far as possible, and so a dispensation is of strict interpretation, and when in doubt as to whether it extends to some particular case the law should be observed.

A dispensation granted for a country, province, or diocese, may be taken advantage of by all who are staying even for a time in the territory, but no one may use it outside the territory for which it is granted. The law for the time being does not bind within the territory dispensed, but it does bind outside. On the other hand, a personal dispensation, like a precept, follows the person, and may be used anywhere, unless specially restricted, as is the case with the dispensation to eat meat granted by the Bulla Cruciata, which cannot be used outside the limits named in the Bull.t

A dispensation ceases by being recalled by the legislator. One who has granted a dispensation by delegated authority may also for good reason recall his dispensation, and in that case the law begins to bind again. However, one who has been dispensed from a vow cannot again be bound by vow without his own free consent. The person dispensed may also renounce a dispensation granted in his favour, and, in the case of a dispensation granted from a vow, by renunciation of the dispensation the vow binds again. However, the obligation of a law can only be reimposed by the competent authority, so that the renunciation of a dispensation from a law must be accepted by the superior in order to be effective. A dispensation also ceases if the whole cause for granting it cease before the execution of the dispensation, or, if the cause is continuous, whenever it entirely ceases. And so if a dispensation from abstinence was granted on account of a weak state of health, the dispensation will cease and the law will again bind when the health has been completely established. If, however, a dispensation has been put in execution, or has been granted absolutely, it will not cease even though the cause no longer exists. And so a dispensation to marty, granted and already executed ad prolem legitimandam, will not cease though the child die before the marriage. * “ Intra limites tantum Hispanicae ditionis.” A.S.S. 35 p. 565.

When does dispensation cease? - Dispensation ceases: 1. By revocation; for by it the bond of law is restored. Wherefore a revocation made by the legislator, even without cause, is valid. Made by a delegate, even from a just cause, it is not valid; for once the dispensation has been given, he has completed the delegation accepted. Made by an inferior prelate, when he granted it by ordinary right, if from a just cause, it is valid; otherwise, however, if without a just cause, because he cannot restore the law of a superior. For the Superior is not considered to have granted a faculty for such revocation. Of law; for if the obligation depends not on law, but on one's own will, as in vows, it cannot be restored without this will. A prelate revoking a dispensation without just cause sins in itself only venially. L. 197. 2.

By renunciation, which is valid immediately in those things which have force from one's own will, in vows, oaths, etc. But in those things which obtain effect from law, e.g., in impediments of marriage, in the canonical hours, etc., it is valid when it has been accepted by the superior, who can restore the bond of law. - L. 198. 3. When the motivating cause totally ceases, if the dispensation has a successive course and was not given absolutely, as, e.g., dispensation from the law of abstinence on account of infirmity.

But otherwise, if the dispensation was given absolutely, although, with attention to the matter, it can have a successive course; or if it was perfected by one act, e.g., if someone was dispensed from irregularity on account of the poverty of parents, or on account of uprightness of morals, or on account of scarcity of ministers. Wherefore one who was absolutely dispensed from a vow of chastity, when the spouse has died, can marry another; but if the dispensation was granted for a special case, he needs a new dispensation. Absolutely; if the cause is judged perpetual, then the dispensation is considered to have been given absolutely, even if afterward by accident the cause ceases. But otherwise if the cause is judged to last only for a time. 4.

If some commutation of burden was joined to the dispensation, then also, when the cause ceases, the dispensation does not cease. - Likewise dispensation does not cease: 1. By non-use, or contrary use, whence one will always be able to use it afterward, since these cannot restore the bond of law. 2. By leaving the territory of the one dispensing, because what has legitimately been done ought not to be retracted, even if afterward that case occurs from which a beginning could not have been had. 3. By the death of the one dispensing, whoever he may be, whether a superior or inferior prelate; since dispensation is a grace made, and a grace made does not expire by the death of the one granting it, or by his removal from office. C. Si super 9 de Off. et pot. iud. del. in 6. The same holds concerning licenses granted. - R. 73 de R. I. in 6; L. 195-198.

389. Dispensation can be vitiated by violence, fear, and error.

A. Violence strictly so called, or perfect and absolute, invalidates it because it renders it involuntary (can. 103, § 1).

B. Fear of itself does not invalidate, because it does not take away the will of dispensing, unless it was so grave that it altogether disturbed reason; whence a dispensation is judged valid unless something else is provided by law (can. 103, § 2), as for remission of a penalty extorted by fear (can. 2238).

C. Error arising either from subreption, that is, suppression of the truth, or from obreption, that is, expression of the false:

1. invalidates if it bears

a) upon the substance of the object or thing, or upon a quality which enters the substance of the thing about which dispensation is made, for example, affinity instead of consanguinity (can. 40);

b) upon the subject or person to whom it is given, for example, Peter instead of Paul (can. 40);

c) upon those things which, according to the style of the curia, are required to be expressed for validity, even if the superior would dispense otherwise (can. 42, § 1), unless nevertheless the clause motu proprio is added to the dispensation (can. 45);

d) upon the final or motive cause which so moves to dispensing that, once it is removed, the dispensation would not have been given, if the sole cause or all the final causes alleged are false (can. 42, § 2), unless nevertheless an exception is established by law, as for lesser impediments of marriage (can. 1054).

2. Outside these cases it is valid, for example, if the error bears upon accidents of the thing, or upon the name of the person or place or thing, provided, in the judgment of the Ordinary, there is no doubt about the person or thing itself (can. 47), or upon a merely impulsive cause without which the dispensation nevertheless would have been given but which moves one to dispense more easily, or if it bears extrinsically and independently toward the thing requested, even if otherwise it would not have been dispensed: for here and now the one dispensing wills to loose the bond.

3. A defect of obreption or subreption in only one part does not weaken another, if several dispensations are granted at the same time (can. 42, § 3).

390. Observations. - 1. Canon 84, § 2: "A dispensation, in doubt concerning the sufficiency of the cause, is licitly asked for and can be licitly and validly conferred."

2. Canon 85: "Not only a dispensation according to the norm of can. 50 (concerning a law in the advantage of private persons), but the faculty itself of dispensing granted for a certain case, is subject to strict interpretation"; but not a general faculty, whether ordinary or delegated for a universality of causes, since it is favorable and granted beside the law, and therefore admits a broad interpretation (can. 200, § 1).

3. Canon 86: "A dispensation which has successive duration (and not the whole effect at once, as an irregularity or the removal of an impediment of marriage) ceases in the same modes by which a privilege ceases, and also by certain and total cessation of the motive cause (whether negatively or contrarily)." Whence it also ceases: 1) by revocation of the granting superior signified to the subject (can. 71 and 60), which the legislator always validly effects, but an inferior delegate only for a just cause; 2) by renunciation made by him who can renounce, and accepted by the competent superior (can. 72); 3) by the resolution of the right (and death) of the one granting, if the dispensation was given at pleasure (can. 73) or with an equivalent clause: until I shall will, until it shall please, etc.; otherwise if it was given: until I shall revoke; 4) by the death of the person to whom it was granted, if the privilege was personal; if local, by the destruction of the place, unless it is restored within fifty years (can. 74-75); 5) when the time has elapsed or the number of cases for which it was granted has been completed (can. 77); 6) if the circumstances, in the judgment of the superior, are so changed that the dispensation has become harmful or its use illicit (can. 77); but not by non-use alone, unless it is onerous to others and legitimate prescription or tacit renunciation is also added (can. 76).

But a dispensation which has the whole effect at once, if it is granted absolutely, does not cease even by certain and total cessation of the motive cause.

4. Concerning the invalidity of dispensation the following have force:

Canon 43: "A favor denied by one Sacred Congregation or Office of the Roman Curia is invalidly granted by another Sacred Congregation or Office, or by the local Ordinary, even if he has power, without the assent of the Sacred Congregation or Office by which, or with which, action had begun, saving the right of the Sacred Penitentiary for the internal forum."

Canon 44, § 2: "A favor denied by a Vicar General and afterwards obtained from the Bishop, with no mention made of this denial, is invalid; but a favor denied by the Bishop cannot validly be obtained from the Vicar General, even with mention made of the denial, if the Bishop does not consent."

Canon 53: "The executor of a rescript invalidly performs his office before he has received the letters and recognized their authenticity and integrity, unless previous notice of them has been transmitted to him by authority of the one rescripting."

5. Concerning the cessation of the power of dispensing, one must speak according to the mind of canons 207 and 208.

6. To avoid simony, dispensation must be gratuitous, although modest payments can be exacted under the title of chancery expenses, as for example in can. 1056.

7. A real or territorial dispensation has force in the territory; a personal dispensation, as is that which removes an impediment or inability, everywhere; a mixed dispensation (real and personal) has force for all in the territory, and for subjects also outside the territory.