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  1. 1 Dzierzon G.

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Zasady ustania przywileju ujęte w kan. 82 KPK

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Dzierzon G.
Roczniki Nauk Prawnych
|
2013
|
vol. 23
|
issue 1
81-91
EN
The presented study provides an interpretation of can. 82 of CIC/83. From the analysis it follows that the hypotheses codified in can. 82 result from positive law. The first hypothesis implies that the legislator does not allow for non-burdensome privileges to cease through prescription. This is due to the fact that a privilege holder can renounce a privilege, and this renouncement is legally valid if it has been accepted by a competent authority (can. 80, §1). The second hypothesis implies that privileges burdensome to others cease through prescription (cann. 197-199). According to the doctrine, prescription is a similar process to a customary practice becoming law.
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