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 attention of those who frequent the camp-meetings at Eastham is said to be divided between the preaching of the Methodists and the preaching of the billows on the back side of the Cape, for they all stream over here in the course of their stay. I trust that in this case the loudest voice carries it. With what effect may we suppose the ocean to say, “My hearers!” to the multitude on the bank. On that side some John N. Maffit; on this, the Reverend Poluphloisboios Thalassa.”
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