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:

    To see distinctly the machinery—the wheels and pinions—of any work of Art is, unquestionably, of itself, a pleasure, but one which we are able to enjoy only just in proportion as we do not enjoy the legitimate effect designed by the artist.
    Edgar Allan Poe (1809–1849)

    Let’s take the instant by the forward top;
    For we are old, and on our quick’st decrees
    Th’ inaudible and noiseless foot of time
    Steals ere we can effect them.
    William Shakespeare (1564–1616)

    In effect it seemed to him that, though honor might possess certain advantages, yet shame had others, and not inferior: advantages, even, that were well-nigh boundless in their scope.
    Thomas Mann (1875–1955)