Dispensas / Dispensation (DCH)

No. 2026-10

English Abstract:

This article studies the important canonical institution of dispensation and its adaptation to American realities between the 16th and 18th centuries. It adopts the definition that for centuries described dispensation as a “relaxation of common law.” In order to obtain a richer historical perspective and highlight the transversal character of the institution, the study traces its origins back to apostolic times and examines its configuration in relation to the realities of churches of the Eastern tradition, both those united with Rome and those that are not. Likewise, essential issues are addressed from the standpoint of the implementation of dispensations in particular cases that occurred in the Indies. The Holy See and the Crown played leading roles in the canonical development of the institution, an aspect that is also examined throughout the article. This unique body of regulations established both: who could receive a dispensation (particularly the natives of the New World) and who was the authority empowered by canon law to grant it, validating the fulfillment of the essential requirements for its establishment. Finally, the article points out the cross-disciplinary relevance of this institution in studies across various fields of knowledge, emphasizing its remarkable significance and actuality.