Mid-Term Matching Flashcards
General Decree
General Decree: A law properly speaking, it is promulgated by the Legislator (Pope – universal - or diocesan bishop –
particular) for a community capable of receiving a law.
General Executory Decree
General Executory Decree:
It is not a law, but presumes a law already exists; issued by someone with executive power to determine how a law is to be followed by those bound by a certain law
Instruction
Instruction:
It is not a law, and is issued by someone with executive power to determine how a law is to be implemented, addressed only to whose concern is the implementation of a law (procedures, guidelines, policies); clarifies precepts of law
Singular decrees
Singular decrees
issued by a competent executive authority to give a decision or make a provision in a particular case according to the norm of law (e.g., a decree, precept, rescript)
Singular precepts
Singular precepts:
an individual decree which directly enjoins a person to do or omit something, especially with regard to the observance of a law
Penal precept
Penal precept:
a precept with a sanction attached to it
Requirements
Requirements:
• decree must be made in writing together with the reasons which prompted it (careful to avoid injuring other’s rights);
• must be done by norm of law or risk invalidity;
• may be communicated before two witnesses or a notary (if the decree
cannot be handed over);
• must be made known to the parties involved;
• the competent ecclesiastical authority should provide for the matter
within three months;
• if not, the presumption is negative
Rescripts
Rescripts presuppose a request
A rescript is an administrative act issued in writing by a competent authority by which a privilege, dispensation, or other favor is granted in response to someone’s request
Privilege
is a private law, a favor granted to certain persons, physical or juridical, by the Legislator, or one designated by him
Cessation of a privilege:
revocation renunciation termination of authority if the privilege was given ad beneplacitum nostrum non-usage lapse of time or number of cases change of circumstances or abuse