Obreption and Subreption
Encyclopedia
Obreption and subreption (both from the Latin word repo/reptum(genitive) to creep or crawl. The prefix, Ob- means 'towards, against, or, in the way of'; Sub- means 'under, or, close to') are terms used in ancient Roman law and in the church's canon law
applied by the Catholic church to species of fraud
by which an ecclesiastical rescript
is obtained.
Dispensation
s or grace
s are not granted unless there be some motive for requesting them, and the law of the Church requires that the true and just causes that lie behind the motive be stated in every prayer for such dispensation or grace.
When the petition contains a statement about facts or circumstances that are supposititious or at least, modified if they really exist, the resulting rescript
is said to be vitiated by obreption, which consists in a positive allegation of what is false.
If, on the other hand, silence had been observed concerning something that essentially changed the state of the case, the concealment or suppression of statements or facts that according to law or usage should be expressed in an application or petition for a rescript is called subreption.
Rescripts obtained by obreption or subreption are null and void when the motive cause of the rescript is affected by them. If it is only the impelling cause, and the substance of the petition is not affected, or if the false statement was made through ignorance, the rescript is not vitiated. As requests for rescripts must come through a person in ecclesiastical authority, it is his duty to inform himself of the truth or falsity of the causes alleged in the petitions, and in case they are granted, to see that the conditions of the rescript are fulfilled.
In its effects subreption is equivalent to obreption. Subreption may be intentional and malicious, or attributable solely to ignorance or inadvertence. It may affect the primary, substantial reason or motive of the grant, or constitute merely a secondary or impellent cause of the concession.
For the effect of subreption on the validity of grants see Rescript
.
Obreption is a term used in Roman, Canon and Scots Law. The word Obreption has been described in on-line dictionaries with many meanings other than Canon law. The term obreption is still used in heraldry in Scotland.
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
applied by the Catholic church to species of fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
by which an ecclesiastical rescript
Rescript
A rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee...
is obtained.
Dispensation
Dispensation (Catholic Church)
In the canon law of the Roman Catholic Church, a dispensation is the suspension by competent authority of general rules of law in particular cases...
s or grace
Actual grace
Actual grace is, in Roman Catholic theology, a share in God's life. It is contrasted with sanctifying grace, which is a state of being that can be permanent, in that it consists only in a passing influence of God on the soul....
s are not granted unless there be some motive for requesting them, and the law of the Church requires that the true and just causes that lie behind the motive be stated in every prayer for such dispensation or grace.
When the petition contains a statement about facts or circumstances that are supposititious or at least, modified if they really exist, the resulting rescript
Rescript
A rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee...
is said to be vitiated by obreption, which consists in a positive allegation of what is false.
If, on the other hand, silence had been observed concerning something that essentially changed the state of the case, the concealment or suppression of statements or facts that according to law or usage should be expressed in an application or petition for a rescript is called subreption.
Rescripts obtained by obreption or subreption are null and void when the motive cause of the rescript is affected by them. If it is only the impelling cause, and the substance of the petition is not affected, or if the false statement was made through ignorance, the rescript is not vitiated. As requests for rescripts must come through a person in ecclesiastical authority, it is his duty to inform himself of the truth or falsity of the causes alleged in the petitions, and in case they are granted, to see that the conditions of the rescript are fulfilled.
In its effects subreption is equivalent to obreption. Subreption may be intentional and malicious, or attributable solely to ignorance or inadvertence. It may affect the primary, substantial reason or motive of the grant, or constitute merely a secondary or impellent cause of the concession.
For the effect of subreption on the validity of grants see Rescript
Rescript
A rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee...
.
Obreption is a term used in Roman, Canon and Scots Law. The word Obreption has been described in on-line dictionaries with many meanings other than Canon law. The term obreption is still used in heraldry in Scotland.