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:
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“Nothing could his enemies do but it rebounded to his infinite advantage,—that is, to the advantage of his cause.... No theatrical manager could have arranged things so wisely to give effect to his behavior and words. And who, think you, was the manager? Who placed the slave-woman and her child, whom he stooped to kiss for a symbol, between his prison and the gallows?”
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