: MATRIMONIAL CONSENT
1095 The following are incapable of contracting marriage:
who lack sufficient use of reason;
who suffer from a grave lack of discretionary judgement concerning the
essential matrimonial rights and obligations to be mutually given and accepted;
who, because of causes of a psychological nature, are unable to assume the
essential obligations of marriage.
1096 §1 For matrimonial consent to exist, it is necessary that the contracting
parties be at least not ignorant of the fact that marriage is a permanent
partnership between a man and a woman, ordered to the procreation of children
through some form of sexual cooperation.
ignorance is not presumed after puberty.
1097 §1 Error about a person renders a marriage invalid.
about a quality of the person, even though it be the reason for the contract,
does not render a marriage invalid unless this quality is directly and
1098 A person contracts invalidly who enters marriage inveigled by deceit,
perpetrated in order to secure consent, concerning some quality of the other
party, which of its very nature can seriously disrupt the partnership of
1099 Provided it does not determine the will, error concerning the unity or the
indissolubility or the sacramental dignity of marriage does not vitiate
1100 Knowledge of or opinion about the nullity of a marriage does not
necessarily exclude matrimonial consent.
1101 §1 The internal consent of the mind is presumed to conform to the words or
the signs used in the celebration of a marriage.
however, either or both of the parties should by a positive act of will exclude
marriage itself or any essential element of marriage or any essential property,
such party contracts invalidly.
1102 §1 Marriage cannot be validly contracted subject to a condition concerning
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.
a condition as mentioned in §2 may not lawfully be attached except with the
written permission of the local Ordinary.
1103 A marriage is invalid which was entered into by reason of force or of
grave fear imposed from outside, even if not purposely, from which the person
has no escape other than by choosing marriage.
1104 §1 To contract marriage validly it is necessary that the contracting
parties be present together, either personally or by proxy
spouses are to express their matrimonial consent in words; if, however, they
cannot speak, then by equivalent signs.
1105 §1 For a marriage by proxy to be valid, it is required:
there be a special mandate to contract with a specific person;
2° that the
proxy be designated by the mandator and personally discharge this function;
§2 For the
mandate to be valid, it is to be signed by the mandator, and also by the parish
priest or local Ordinary of the place in which the mandate is given or by a priest
delegated by either of them or by at least two witnesses, or it is to be drawn
up in a document which is authentic according to the civil law.
§3 If the
mandator cannot write, this is to be recorded in the mandate and another
witness added who is also to sign the document; otherwise, the mandate is
§4 If the
mandator revokes the mandate, or becomes insane, before the proxy contracts in
his or her name, the marriage is invalid, even though the proxy or the other
contracting party is unaware of the fact.
1106 Marriage can be contracted through an interpreter, but the parish priest
may not assist at such a marriage unless he is certain of the trustworthiness
of the interpreter.
1107 Even if a marriage has been entered into invalidly by reason of an
impediment or defect of form, the consent given is presumed to persist until
its withdrawal has been established.