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Obreption
Obreption (from Latin ''obreptio'', the act of stealing upon) and subreption (from Latin ''subreptio'', the act of stealing, and Latin ''surripere,'' to take away secretly) are terms used in the Canon law of the Catholic Church, canon law of the Catholic church to species of fraud by which an ecclesiastical Papal rescript, 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 fordispensation 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 ''repo/reptum'' (genitive), meaning to creep or crawl. The prefix, Ob- means ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dispensation (Catholic Church)
In the Jurisprudence of Catholic canon law, jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often arising from the 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 (Catholic canon law), privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely.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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law Of The Catholic Church
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the 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 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 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 by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . 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'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate 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, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland 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 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, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actual Grace
In Western Christian theology, grace is created by God who gives it as help to one because God desires one to have it, not necessarily because of anything one has done to earn it. It is understood by Western Christians to be a spontaneous gift from God to people – "generous, free and totally unexpected and undeserved" – that takes the form of divine favor, love, clemency, and a share in the divine life of God. 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 2 Peter 1:4 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 it manifests most in the salvation of sinners and Western Christianity holds that the initiative in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rescript
In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation. Overview The word originated from the Roman imperial court, which often issued rescripts, in many cases prompted by its many governors and other officials. Some important early legal collections were composed entirely of rescripts, for instance the Codex Hermogenianus, published around AD 300."Codex Hermogenianus" in ''The Oxford Dictionary of Byzantium'', Oxford University Press, New York & Oxford, 1991, p. 474. The other main field of application is the papal Roman Curia, which adopted many Roman administrative terms and practices. 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 "awa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 in the 1140s with his '' Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, 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 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 higher law of ultimate justice, over and above the momentary law of the state. The Catholic Church developed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Canonical Documents
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . 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'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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