Motu Meaning Legal

A rescript motu proprio begins with the justification for the promulgation and then indicates the law or ordinance promulgated or the courtesy granted. It is less formal than a constitution and does not bear a papal seal. Its content can be informative (for example, about the use of singing), administrative (for example, about a church law or the creation of a commission), or simply to grant a special favor. [6] In the law, motu proprio (“at one`s own impulse” in Latin) describes an official act performed without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept. With regard to a monarch, the term motu proprio describes the condition that a royal decree be issued expressly at the initiative of the sovereign, a practice more common in some countries than in others. Of your own movement; on its own initiative; voluntarily and without request or request. Royal Letter patents, which are issued on the Crown`s own initiative and without application, are issued ex mero motu. If a court intervenes ex officio to complain about an irregularity or to do something that the parties do not have the strict right to do, but which prevents the injustice, it is treated as ex mero motu or cx proprio motu. or sua sponte, all these terms are equivalent here. However, a motu proprio is ineffective to the extent that it infringes the acquired right of others or violates a law[4] or a recognized custom, unless it expressly indicates that it deviates from these areas.

[5] The first motu proprio was promulgated by Pope Innocent VIII in 1484. It remains a common form of papal rescript, especially in the creation of institutions, minor changes in laws or procedures, and the granting of favors to individuals or institutions. [2] More generally, this sentence (or proprio motu; Latin allows the order of free words) is used to indicate an act performed by a court without the request of a party to the case. The term is very rarely used in legal notices in the United States, where sua sponte is preferred, but proprio motu is used in Canada. [7] Proprio motu refers to a decision by the Prosecutor of the International Criminal Court to open an investigation into a situation without referral by the Security Council or a State Party; this power is conferred by Article 15(1) of the Rome Statute. In Catholic canon law, it refers to a document issued by the pope on his own initiative and signed by him personally. [1] Such a document may be addressed to the whole Church, to a part of the Church, or to certain persons. [1] A document rendered motu proprio produces its legal effects even if the reasons for its issuance are found to be false or fraudulent, which would normally result in the invalidity of the document.

Its validity is based on its publication by the pope on his own initiative, and not on the alleged reasons. “Ex mero motu.” Dictionary, Merriam-Webster, Retrieved 15 October 2022. With regard to orders of chivalry, such as the Order of Malta, the Grand Master may, according to the statutes, award the Order Motu proprio instead of responding to an appointment by a national delegation. An important effect of issuing a document in this way is that a rescript containing the motu proprio clause is valid and has its effect even in cases where fraud would normally have rendered the document incorrect, since the pope does not invoke the reasons given when granting a favor. [2] The retention of truth in what must be expressed for validity according to canon law, style and practice generally invalidates a rescript, but not if the rescript is published motu proprio. [3] Therefore, canonists traditionally called the clause the “mother of rest.” [2] The designation motu proprio indicates that the validity of the document is independent of the validity of the reasons given in an application for issuance. [2] Subscribe to America`s largest dictionary and get thousands of other definitions and advanced searches – ad-free!.

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