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Obreption
Obreption (from Latin , the act of stealing upon) and subreption (from Latin ', the act of stealing and Latin '','' to take away secretly) are terms used in the canon law of the Catholic church for species of fraud by which an ecclesiastical rescript is obtained. In Catholic Canon law, obreption is "the obtaining of or attempting to obtain a dispensation from ecclesiastical authority or a gift from the sovereign by fraud", "a positive allegation of what is false". Subreption in Catholic Canon law is "a concealment of the pertinent facts in a petition, as for dispensation or favor, that in certain cases nullifies the grant", "the obtainment of a dispensation or gift by concealment of the truth". The terms are also used in the same senses as in Catholic canon law in Scots law. Etymology Both words come from the Latin word ' (genitive), meaning to creep or crawl. The prefix, Ob- means "towards, against, or, in the way of"; Sub- means "under, or, close to". Legal requirements Di ...
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Papal Rescript
Papal rescripts are responses of the pope or a Congregation of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under canon law, e. g. the interpretation of a law, the appointment of a judge. Types of rescripts Sometimes the favour is actually granted in the rescript (''gratis facta''—a rescript ''in forma gratiosa''); sometimes another is empowered to concede the request (''gratia facienda''—a rescript ''in forma commissoria''); sometimes the grant is made under certain conditions to be examined into by the apostolic executor (a rescript ''in forma mixta''). The petition forwarded to Rome should comprise three parts: the narrative or exposition of the facts (context); the petition (object of the demand); the reasons for the request. The response likewise contains three parts: a brief exposition of the case; the decision or grant; the reason of the same. Every res ...
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Dispensation (Catholic Church)
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of the law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often caused by rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Concept Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right, sometimes even the duty, to dispense from the law. Dispensation is not a permanent power or a special right, as in privilege. If the reason for the dispensation no longer exists, then the dispensation also ceases to exist.The Law of Christ Vol. I, pg. 285 If the immediate basis for the right is withdrawn, then the right ceases. Validity, legality, "just and reasonable cause" There must be a "just and reasonable cause"
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Canon Law Of The Catholic Church
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western world, Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic Churches, Eastern Catholic particular churches '. Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from Promulgation (Catholic canon law), promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executi ...
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Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwide as of 2025. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization.Gerald O'Collins, O'Collins, p. v (preface). The church consists of 24 Catholic particular churches and liturgical rites#Churches, ''sui iuris'' (autonomous) churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and Eparchy, eparchies List of Catholic dioceses (structured view), around the world, each overseen by one or more Bishops in the Catholic Church, bishops. The pope, who is the bishop of Rome, is the Papal supremacy, chief pastor of the church. The core beliefs of Catholicism are found in the Nicene Creed. The ...
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Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ...
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Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ...
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Actual Grace
In Western Christian beliefs, grace is God's favor, and a "share in the divine life of God". It is a spontaneous gift from God – "generous, free and totally unexpected and undeserved" – that cannot be earned. In the Eastern Orthodox Church, grace is the uncreated energies of God. Among Eastern Christians generally, grace is considered to be the partaking of the divine nature described in Fr. Tadros Malaty, ''The Divine Grace'PDF and grace is the working of God himself, not a created substance of any kind that can be treated like a commodity.Gregory (Grabbe), Archbishop. ''The Sacramental Life: An Orthodox Christian Perspective.'' Liberty TN: St. John of Kronstadt Press, 1986 As an attribute of God, grace manifests most in the salvation of sinners, and Western Christianity holds that the initiative in the relationship of grace between God and an individual is always on the side of God. The question of the means of grace has been called "the watershed that divides C ...
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Rescript
A rescript is a public government document. More formally, it is a document issued not on the initiative of the author, but in response to a question (usually legal) posed to the author. The word originates from replies issued by Roman emperors to such questions and is also used in modern legal terminology and the Roman Curia, Papal curia. Rescripts may take various forms, from a formal document of an established type, such as a Papal bull, to the forwarding of the demand with a simple mention by way of decision, something like "rejected" or "awarded", either to the party concerned or to the competent executive office to be carried out. Etymology The word ''rescript'' derives from the Latin noun which itself derives from the Latin verb , meaning "to write back or... reply in writing". It developed its specialised legal meaning due to regular responses by emperors or lawyers to petitions or legal questions. By analogy the term rescript is also applied to similar procedures in ...
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Jurisprudence Of Catholic Canon Law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian (jurist), Gratian in the 1140s with his ''Decretum Gratiani, Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios I of Constantinople, Photios holds a place similar to that of Gratian for the West. Much of the legislative style was adapted from that of Roman law, especially the Justinian I, Justinianic ''Corpus Juris Civilis''. As a result, Roman ecclesiastical courts tend to follow the Roman law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman law in the 11th century, canon law served as the most important unifying force among the local systems in the civil law tradition. The canonists introduced into post-Roman Europe the concept of a Rule according to higher law, high ...
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Catholic Canonical Documents
The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' (autonomous) churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies around the world, each overseen by one or more bishops. The pope, who is the bishop of Rome, is the chief pastor of the church. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the one, holy, catholic and apostolic church founded by Jesus Christ in his Great Commission, that its bishops are the successors of Christ's apostles, and that the pope is the successor of Saint Peter, upon whom ...
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