Dispensation (canon law)

One or a dispensation (female in the Catholic official language and Austrian German, male in Germany, from the Latin dispendere " relax, spread, extend " ) is the official exemption from a prohibition or requirement.

State administrative law

In German administrative law, the dispensation represents a derogation or exemption, the rigors of legal regulations, which were not intended for the particular case, to compensate. He is formally and materially a beneficial administrative act which removes a repressive legal prohibition. Dispensation must be distinguished from the control permit, which is issued pursuant to a law already provided permission title.

Frequently used is the dispensation in municipalities towards building application plates for relief from zoning ordinances specifications.

Canon Law

In Roman Catholic canon law, a dispensation is the liberation of a purely ecclesiastical law, that is not attributable to a divine right canonical provision, in justified individual cases, at the request of, the so-called petition, the bishop or appointed by him to may be granted public officials ( cf. Code of Canon Law (CIC ) cc. 85-93 ). For some ecclesiastical laws which Dispensvollmacht is the Holy See reserved.

A dispensation may be granted only if, in individual cases there is a reasonable and just cause. Should this reason omitted loses already granted dispensation by their effectiveness.

Dispensations are of great importance, among others, in the ecclesiastical marriage law. Per dispensation may be about the liberation of a barrier to marriage by the Episcopal Church authority, the Offizialat be issued to, for example, to allow a marriage among more distant blood relatives or cross-community or religion different partners. Possibly to grant a dispensation in a matrimonial matter present old files can be a valuable source of genealogy.

Systematically, the dispensation belongs within the administrative file for individual cases together with the privilege to the graces ( Indulten ), there is basically no legal claim to the. It is usually granted by rescript.