Article — 1917 Code of Canon Law

Article II: Of Sanation in the Root

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 1138.

§ 1. Sanation in the root of a marriage is its convalidation, carrying with itself, besides the dispensation or cessation of the impediment, a dispensation from the law concerning renewing consent, and retrotraction, by fiction of law, concerning canonical effects, to the past.

§ 2. Convalidation takes place from the moment of the concession of the grace; but retrotraction is understood to have been made to the beginning of the marriage, unless something else is expressly provided.

§ 3. Dispensation from the law concerning renewing consent can also be granted with only one or both parties unaware.

1983 Code correlation: can. 1161, 1164

Cited by 20 passages

Can. 1139.

§ 1. Any marriage entered with the naturally sufficient consent of both parties, but juridically inefficacious because of a diriment impediment of ecclesiastical law or because of defect of legitimate form, can be sanated in the root, provided that consent perseveres.

§ 2. But a marriage contracted with an impediment of natural or divine law, even if afterward the impediment has ceased, the Church does not sanate in the root, not even from the moment of the cessation of the impediment.

1983 Code correlation: can. 1163

Cited by 17 passages

Can. 1140.

§ 1. If consent is lacking in both parties or in either party, the marriage cannot be sanated in the root, whether consent was lacking from the beginning or, having been furnished from the beginning, was afterward revoked.

§ 2. But if consent was indeed lacking from the beginning, but afterward was furnished, sanation can be granted from the moment of the consent furnished.

1983 Code correlation: can. 1162

Cited by 15 passages

Can. 1141.

Sanation in the root can be granted only by the Apostolic See.

1983 Code correlation: can. 1165

Cited by 13 passages