The Notion Of Matrimonial Consent

Question 1

Explain Consent of marriage in Canon Law.

Answer 1

c. 1057 §1 The consent of the parities, legitimately manifested between persons qualified by law, makes marriage; no human power is able to supply this consent.

Question 2

How does consent relate to marriage

Answer 2

It is a the foundation of marriage. Consent Makes marriage.

Question 3

Does consummation make a marriage?

Answer 3

No, but it was an argument in the 60s. It goes against the tradition of the understanding of marriage in the Church.

Question 4

Explain the will and marriage.

Answer 4

Consent is an act of the will, and a positive act of the will. See Can 1101.

Question 5

Can a marriage be devolved by the spouses, if no who can?

Answer 5

No, only the Church in specific situations.

Question 6

Three elements of discretion of judgement

Answer 6

Comprehension
Critical-Evaluative ability
Internal freedom

Question 7

Describe comprehension in regards to marriage

Answer 7

An understanding of what marriage is, basic understanding is c. 1055.

Abstract, theoretical understanding.

Question 8

What is the “practice-practical judgement”?

Answer 8

Concrete judgement about this marriage
Circumstances for this potential marriage.

Question 9

Matrimonium in fieri, vs Matrimonium in facto esse

Answer 9

In fieri is marriage as becoming, the moment of consent
In facto esse, is the living out of the common life, the marriage that will exist.

Question 10

What is Facultas intellectiva

Answer 10

The intellective faculty

Question 11

What is the Facultas volitiva

Answer 11

Volitiva faculty or the will, allow his reasoning to command his will.

Question 12

Who are the subjects of consent?

Answer 12

The man and the woman!
I.e. the ones who offer their consent to marriage
A two fold act.

Question 13

What is the minimal age for juridical capacity, or who is a legitimate subject of consent?

Answer 13

Age 16 for a man
Age 14 for a woman.

Question 14

What is the object of consent

Answer 14

The mutual handing over (traditio) of oneself and acceptance (acceptio) of the other.

Question 15

What is the ius connubii?

Answer 15

the right to marriage.

Question 16

Where do most of defects of consent come from?

Answer 16

Natural Law (1095-1097, 1099, 1101 §2, 1103)

Some from positive law (1098, 1102 §1)

Question 17

Where can the defect take place?

Answer 17

Either in the subject or the object?

Question 18

When the defect is in the subject what canon usually applies?

Answer 18

Can 1095

Question 19

Regular Iuris 18 (in regards to validation of null consent)

Answer 19

that which did not exist from the beginning doesn’t become due to the passage of time.

Question 20

What does Can 1159 say in general?

Answer 20

Can. 1159 §1. A marriage which is invalid because of a defect of consent is convalidated if the party who did not consent now consents, provided that the consent given by the other party perseveres.

§2. If the defect of consent cannot be proven, it is sufficient that the party who did not consent gives consent privately and in secret.

§3. If the defect of consent can be proven, the consent must be given in canonical form.

Question 21

As a rule, marriage nullity should be _________.

Answer 21

difficilis or difficult.

Question 22

Explain the Basic Schema applicable to all grounds of nullity

Answer 22

Declaration of the party whose consent was null.
Testimony from witnesses who are trustworthy
supporting circumstances.

Question 23

Three types of circumstances supporting allegation?

Answer 23

Antecedent (or before)
concomitant (the wedding itself)
subsequent (after to present)

Question 24

convictus coniugalis

Answer 24

the common life, or the conjugal common life.

Question 25

cause naufragii

Answer 25

the reason the marriage broke up.

Question 26

causa contrahendi

Answer 26

The reason for getting married.

Question 27

causa nullitatis

Answer 27

why was this marriage invalid.