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:
“We all have—to put it as nicely as I can—our lower centres and our higher centres. Our lower centres act: they act with terrible power that sometimes destroys us; but they don’t talk.... Since the war the lower centres have become vocal. And the effect is that of an earthquake. For they speak truths that have never been spoken before—truths that the makers of our domestic institutions have tried to ignore.”
—George Bernard Shaw (1856–1950)
“In his very rejection of art Walt Whitman is an artist. He tried to produce a certain effect by certain means and he succeeded.... He stands apart, and the chief value of his work is in its prophecy, not in its performance. He has begun a prelude to larger themes. He is the herald to a new era. As a man he is the precursor of a fresh type. He is a factor in the heroic and spiritual evolution of the human being. If Poetry has passed him by, Philosophy will take note of him.”
—Oscar Wilde (1854–1900)
“The first general store opened on the ‘Cold Saturday’ of the winter of 1833 ... Mrs. Mary Miller, daughter of the store’s promoter, recorded in a letter: ‘Chickens and birds fell dead from their roosts, cows ran bellowing through the streets’; but she failed to state what effect the freeze had on the gala occasion of the store opening.”
—Administration in the State of Sout, U.S. public relief program (1935-1943)