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 effect of having other interests beyond those domestic works well. The more one does and sees and feels, the more one is able to do, and the more genuine may be one’s appreciation of fundamental things like home, and love, and understanding companionship.”
—Amelia Earhart (1897–1937)
“I have witnessed, and greatly enjoyed, the first act of everything which Wagner created, but the effect on me has always been so powerful that one act was quite sufficient; whenever I have witnessed two acts I have gone away physically exhausted; and whenever I have ventured an entire opera the result has been the next thing to suicide.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“The second [of Zeno’s 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. 490–430 B.C.)