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 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)
“No being exists or can exist which is not related to space in some way. God is everywhere, created minds are somewhere, and body is in the space that it occupies; and whatever is neither everywhere nor anywhere does not exist. And hence it follows that space is an effect arising from the first existence of being, because when any being is postulated, space is postulated.”
—Isaac Newton (1642–1727)
“Mix salt and sand, and it shall puzzle the wisest of men, with his mere natural appliances, to separate all the grains of sand from all the grains of salt; but a shower of rain will effect the same object in ten minutes.”
—Thomas Henry Huxley (1825–95)