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:
“Airplanes are invariably scheduled to depart at such times as 7:54, 9:21 or 11:37. This extreme specificity has the effect on the novice of instilling in him the twin beliefs that he will be arriving at 10:08, 1:43 or 4:22, and that he should get to the airport on time. These beliefs are not only erroneous but actually unhealthy.”
—Fran Lebowitz (b. 1950)
“The want of an international Copy-Right Law, by rendering it nearly impossible to obtain anything from the booksellers in the way of remuneration for literary labor, has had the effect of forcing many of our very best writers into the service of the Magazines and Reviews.”
—Edgar Allan Poe (18091849)
“The second [of Zenos arguments about motion] is the one called Achilles. This is to the effect that the slowest as it runs will never be caught by the quickest. For the pursuer must first reach the point from which the pursued departed, so that the slower must always be some distance in front.”
—Zeno Of Elea (c. 490430 B.C.)