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Code of Canon Law IntraText CT - Text |
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CHAPTER IV : MATRIMONIAL CONSENT Can. 1095 The following are incapable of contracting marriage: 1° those who lack sufficient use of reason; 2° those who suffer from a grave lack of discretionary judgement concerning the essential matrimonial rights and obligations to be mutually given and accepted; 3° those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage. §2 This ignorance is not presumed after puberty. Can. 1097 §1 Error about a person renders a marriage invalid. §2 Error 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 principally intended. §2 If, 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. Can. 1102 §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. §2 The spouses are to express their matrimonial consent in words; if, however, they cannot speak, then by equivalent signs. Can. 1105 §1 For a marriage by proxy to be valid, it is required: 1° that 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 invalid. §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.
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Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
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