Motu Proprio - Effect

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:

    What has been the effect of [religious] coercion? To make one half the world fools, and the other half hypocrites. To support roguery and error all over the earth.
    Thomas Jefferson (1743–1826)

    The effect of liberty to individuals is that they may do what they please: we ought to see what it will please them to do, before we risk congratulations.
    Edmund Burke (1729–1797)

    Thinking is seeing.... Every human science is based on deduction, which is a slow process of seeing by which we work up from the effect to the cause; or, in a wider sense, all poetry like every work of art proceeds from a swift vision of things.
    HonorĂ© De Balzac (1799–1850)