Effect
An important effect of the issue of a document in this way is that a rescript containing the clause "motu proprio" is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, since the Pope does not rely on the reasons alleged when he grants a favour. Withholding of the truth in what, according to canonical law, style and practice, must for validity be expressed, normally renders a rescript invalid, but not if the rescript is issued "motu proprio". Consequently, canonists traditionally called the clause the "mother of repose".
However, a motu proprio has no effect in so far as it harms the acquired right of another or is contrary to a law or approved custom, unless it expressly states that it is derogating from these matters.
Read more about this topic: Motu Proprio
Famous quotes containing the word effect:
“The poem has a social effect of some kind whether or not the poet wills it to have. It has kinetic force, it sets in motion ... [ellipsis in source] elements in the reader that would otherwise be stagnant.”
—Denise Levertov (b. 1923)
“The reason why women effect so little and are so shallow is because their aims are low, marriage is the prize for which they strive; if foiled in that they rarely rise above disappointment ... [ellipsis in source]”
—Sarah M. Grimke (17921873)
“A readiness to believe ill of others, before we have duly examined it, is the effect of laziness and pride. We are eager to find a culprit, and loath to give ourselves the trouble of examining the crime.”
—François, Duc De La Rochefoucauld (16131680)