Future Condition

Question 1

Explain Canon 1102

Answer 1

§1 Marriage cannot be validly contracted subject to a condition concerning the future.

§2 Marriage entered into subject to a condition concerning the past or the present is valid or not, according as whatever is the basis of the condition exists or not.

§3 However, a condition as mentioned in §2 may not lawfully be attached except with the written permission of the local Ordinary.

Question 2

Can 1102 is a norm of the ___________ law

Answer 2

positive law

which means it applies to Catholics only

Question 3

Define Conditioned Consent

Answer 3

“When we speak about condition, it is a matter of a circumstance which is not yet verified or whose existence is not yet known, which nevertheless becomes the substance of the contract in the intention of the contracting party.”

Question 4

How is doubt an important element of consent

Answer 4

he or she is worried that the circumstance exists or not.

Question 5

Three common types of conditioned consent. Explain Each.

Answer 5

Suspensive future condition: the suspension of consent, until the future circumstance occurs.
Resolutive future condition: claims the right to dissolve the marriage, once he sees the condition will not be fulfilled.
potestative condition: present condition about the future. They couple agrees to do something in the hear and now, about a future condition.

Question 6

What elements regard proof of condition?

Answer 6

Existence of the condition

Connection between matrimonial consent and the circumstance attached as a condition

The causa condicionem apponendi prevailing over the causa contrahendi

Criterion of reaction

Question 7

Explain how people apply condition retrospectively?

Answer 7

People may talk in this way, but it does not mean they have applied it to the consent.

Question 8

Explain how condition shouldn’t be confused with causa contrahendi

Answer 8

basically it is a motive for marriage, but not a condition.