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- Papal_rescripts abstract "Papal Rescripts are responses of the pope or a Sacred Congregation, 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.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 rescript pre-supposes the truth of the allegations found in the supplication. Intentional falsehood or concealment of truth (obreption and subreption) renders a rescript invalid, since no one should benefit through his own deceit. According to some, however, a rescript is valid if voluntary misrepresentation affects only the secondary reason of the grant. This is certainly true where there is no fraud, but merely inadvertence or ignorance of requirements; for, where there is no malice, punishment should not be inflicted; and the petition should be granted, if a sufficient cause therefor exists. A rescript in forma commissoria is valid, if the reason alleged for the grant be true at the time of execution, though false when the rescript was issued.When a rescript is null and void, a new petition is drawn up containing the tenor of the previous concession and cause of nullity, and asking that the defect be remedied. A new rescript is then given, or the former one validated by letters perinde valere.If the formalities sanctioned by canon law or usage for the drawing up of rescripts are wanting, the document is considered spurious. Erasures, misspellings or grave grammatical errors in a rescript render its authenticity suspected.Excommunicated persons may seek rescripts only in relation to the cause of their excommunication or in cases of appeal. Consequently in rescripts absolution from penalties and censures is first given, as far as necessary for the validity of the grant. Rescripts have the force of a particular law, i. e. only for the persons concerned; only occasionally, e. g. when they interpret or promulgate a general law, are they of universal application.Rescripts in forma gratiosa are effective from the date they bear; others only from the moment of execution. Rescripts contrary to common law contain a derogatory clause: all things to the contrary notwithstanding. Rescripts of favour ordinarily admit a broad interpretation; the exceptions are when they are injurious to others, refer to the obtaining of ecclesiastical benefices, or are contrary to common law. Rescripts of justice are to be interpreted strictly. Rescripts expire for the most part in the same manner as faculties.".
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- Papal_rescripts hasPhotoCollection Papal_rescripts.
- Papal_rescripts subject Category:Christian_genres.
- Papal_rescripts subject Category:Papal_bulls.
- Papal_rescripts subject Category:Rescripts.
- Papal_rescripts type Abstraction100002137.
- Papal_rescripts type Act106532095.
- Papal_rescripts type Answer106746005.
- Papal_rescripts type Bull106726761.
- Papal_rescripts type Category105838765.
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- Papal_rescripts type Cognition100023271.
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- Papal_rescripts type Concept105835747.
- Papal_rescripts type Content105809192.
- Papal_rescripts type Decree106539770.
- Papal_rescripts type Document106470073.
- Papal_rescripts type Genre105845332.
- Papal_rescripts type Idea105833840.
- Papal_rescripts type Kind105839024.
- Papal_rescripts type LegalDocument106479665.
- Papal_rescripts type Message106598915.
- Papal_rescripts type PapalBulls.
- Papal_rescripts type PsychologicalFeature100023100.
- Papal_rescripts type Rescript106746347.
- Papal_rescripts type Rescripts.
- Papal_rescripts type Statement106722453.
- Papal_rescripts type Writing106362953.
- Papal_rescripts type WrittenCommunication106349220.
- Papal_rescripts comment "Papal Rescripts are responses of the pope or a Sacred Congregation, 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.".
- Papal_rescripts label "Papal rescripts".
- Papal_rescripts sameAs m.03gq8t7.
- Papal_rescripts sameAs Q7132453.
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- Papal_rescripts sameAs Papal_rescripts.
- Papal_rescripts wasDerivedFrom Papal_rescripts?oldid=497843354.
- Papal_rescripts isPrimaryTopicOf Papal_rescripts.