Rescript

The rescript (Latin: rescriptum, which means as much as " reply " or " reply " ) is in Roman law a rule of law for the settlement of legal matters in individual cases and is similar to a administrative act (specifically, a communication ).

Roman law

Per rescript inquiries or submissions of public or private persons were answered in writing by the legislature. The rescripta included not only the mandata ( " mandates " in the sense of " commands " or official " transfers" to officials ), the edicta ( " edicts " in the sense of " regulations " or " general application ") and the Decreta ( " decrees ", " decrees " ) to the immediate Roman Emperor laws. The collected rescripta were inserted under Emperor Justinian in the Codex Iuris Civilis, which forms the main part of our traditional Roman legal doctrine.

The rescript itself is the answer to a request to the imperial law firm to a very specific situation. The response or decision of the firm was legally binding; the sole remedy of the armed opponent was to claim that the content of the letter to the law firm from the beginning was not correct. Traditionally, the rescript was issued either in the form of a letter ( Epistle ), or the response was recorded immediately below the text of the input letter ( as Gen. subscriptio ). In this form, the legal institution was not only in the classical period, but also in Byzantine law, the " Holy Roman Empire of German Nation" and also after that in various German states in use.

Canon Law

The Roman Catholic canon law has taken the Institute of the rescript in principle unchanged from the Roman administrative law. It is one of the forms of church administrative action and is in the Code of Canon Law in the cc. 59-75 regulated.

Systematically, the rescript is grouped with the Präzept ( administrative command ) to the decrees for individual cases. Per rescript to the beneficiary, upon request ( petition ) favors ( indults ) as dispensing or privileges are granted or permits ( licenses) issued.