Obreption and subreption (Catholic canon law)

Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Obreption (from Latin obreptio, the act of stealing upon[1]) and subreption (from Latin subreptio, the act of stealing and Latin surripere, to take away secretly[2]) are terms used in the canon law of the Catholic church for species of fraud by which an ecclesiastical rescript is obtained.

[4] 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.

[4] 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.

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.

It may affect the primary, substantial reason or motive of the grant, or constitute merely a secondary or impellent cause of the concession.