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:
“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 (1613–1680)
“That when that knot’s untied that made us one,
I may seem thine, who in effect am none.
And if I see not half my dayes that’s due,
What nature would, God grant to yours and you;”
—Anne Bradstreet (c. 1612–1672)
“As soon as I suspect a fine effect is being achieved by accident I lose interest. I am not interested ... in unskilled labor.... The scientific actor is an even worker. Any one may achieve on some rare occasion an outburst of genuine feeling, a gesture of imperishable beauty, a ringing accent of truth; but your scientific actor knows how he did it. He can repeat it again and again and again. He can be depended on.”
—Minnie Maddern Fiske (1865–1932)