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:
“Ignorant kindness may have the effect of cruelty; but to be angry with it as if it were direct cruelty would be an ignorant unkindness.”
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“At first I intended to become a student of the Senate rules and I did learn much about them, but I soon found that the Senate had but one fixed rule, subject to exceptions of course, which was to the effect that the Senate would do anything it wanted to do whenever it wanted to do it.”
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