The Notion Of Matrimonial Consent Flashcards
Explain Consent of marriage in Canon Law.
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.
How does consent relate to marriage
It is a the foundation of marriage. Consent Makes marriage.
Does consummation make a marriage?
No, but it was an argument in the 60s. It goes against the tradition of the understanding of marriage in the Church.
Explain the will and marriage.
Consent is an act of the will, and a positive act of the will. See Can 1101.
Can a marriage be devolved by the spouses, if no who can?
No, only the Church in specific situations.
Three elements of discretion of judgement
Comprehension
Critical-Evaluative ability
Internal freedom
Describe comprehension in regards to marriage
An understanding of what marriage is, basic understanding is c. 1055.
Abstract, theoretical understanding.
What is the “practice-practical judgement”?
Concrete judgement about this marriage
Circumstances for this potential marriage.
Matrimonium in fieri, vs Matrimonium in facto esse
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.
What is Facultas intellectiva
The intellective faculty
What is the Facultas volitiva
Volitiva faculty or the will, allow his reasoning to command his will.
Who are the subjects of consent?
The man and the woman!
I.e. the ones who offer their consent to marriage
A two fold act.
What is the minimal age for juridical capacity, or who is a legitimate subject of consent?
Age 16 for a man
Age 14 for a woman.
What is the object of consent
The mutual handing over (traditio) of oneself and acceptance (acceptio) of the other.
What is the ius connubii?
the right to marriage.
Where do most of defects of consent come from?
Natural Law (1095-1097, 1099, 1101 §2, 1103)
Some from positive law (1098, 1102 §1)
Where can the defect take place?
Either in the subject or the object?
When the defect is in the subject what canon usually applies?
Can 1095
Regular Iuris 18 (in regards to validation of null consent)
that which did not exist from the beginning doesn’t become due to the passage of time.
What does Can 1159 say in general?
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.
As a rule, marriage nullity should be _________.
difficilis or difficult.
Explain the Basic Schema applicable to all grounds of nullity
Declaration of the party whose consent was null.
Testimony from witnesses who are trustworthy
supporting circumstances.
Three types of circumstances supporting allegation?
Antecedent (or before)
concomitant (the wedding itself)
subsequent (after to present)
convictus coniugalis
the common life, or the conjugal common life.
cause naufragii
the reason the marriage broke up.
causa contrahendi
The reason for getting married.
causa nullitatis
why was this marriage invalid.
