Wpływ subrepcji na ważność reskryptów wydawanych przez dykasterie Kurii Rzymskiej (kan. 64 KPK)
Influence of Subreption on the Validity of Rescripts Issued by Dicasteries of the Roman Curia (Can. 64 of the Code)

Summary/Abstract: In the presented study, the Author made a detailed analysis of can. 64 CCL, which codifies the issue of the influence of subreption on the validity of rescripts issued by dicasteries of the Roman Curia (can. 64 CCL). He showed, firstly, that the principle contained in the canon is an implementation of the interpretative principle contained in can. 63 § 1 CCL concerning the influence of subreption on the validity of a rescript; secondly, can. 64 CCL has the character of an disqualifying law (can. 10 CCL). He has also proved that, even though can. 64 CCL has the character of an disqualifying law, the regulation it lays down is not unconditional; exceptions to it, on the one hand, are connected with the special positions of the Pope and the Apostolic Penitentiary in the canonical legal order, while on the other hand, the impossibility to inform may be due to the nature of things (ex natura rei). According to the Author, this could happen when the faithful repeatedly brought a request for a rescript to the same dicastery, and also when, having brought the request in the meantime, he referred the same request to another dicastery.

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