Religion Past and Present

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Rescript
(310 words)

[German Version]

Following the example of Roman law, canonical law developed the rescript as a legal institution which differentiates between rescriptum iustitiae and rescriptum gratiae (cf. Corpus Iuris Canonici: Liber extra 1.3; Liber sextus [VI] 1.3). The rescript was regarded as a quasi-contractual relationship; the petitioner was required to accept it (cf. VI 3.7.1; 3.4.17). CIC/1917 abolished this requirement (c. 37) and the rescript became a unilateral act of jurisdiction in the ambit of the ordinaries (CIC c. 36 §1). CIC/1983 limits the concept of the rescript to th…

Cite this page
Pree, Helmuth, “Rescript”, in: Religion Past and Present. Consulted online on 12 November 2019 <http://dx.doi.org/10.1163/1877-5888_rpp_SIM_024934>
First published online: 2011
First print edition: ISBN: 9789004146662, 2006-2013



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