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)
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“At the heart of the educational process lies the child. No advances in policy, no acquisition of new equipment have their desired effect unless they are in harmony with the child, unless they are fundamentally acceptable to him.”
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