Chapter V: Of Matrimonial Consent

§ 1. The consent of the parties, legitimately manifested between persons capable by law, makes marriage; it can be supplied by no human power.

§ 2. Matrimonial consent is an act of the will by which each party hands over and accepts the perpetual and exclusive right over the body, ordered to acts of themselves apt for the generation of offspring.

§ 1. In order that matrimonial consent can be had, it is necessary that the contracting parties at least not be ignorant that marriage is a permanent society between a man and a woman for procreating children.

§ 2. This ignorance is not presumed after puberty.

§ 1. Error concerning the person renders marriage invalid.

§ 2. Error concerning a quality of the person, even if it gives cause to the contract, invalidates marriage only:

1° If the error of quality redounds into error of the person.

2° If a free person contracts marriage with a person whom he thinks free, when on the contrary the person is a slave, in servitude properly so called.

Simple error concerning the unity or indissolubility of marriage, or its sacramental dignity, even if it gives cause to the contract, does not vitiate matrimonial consent.

Knowledge or opinion of the nullity of marriage does not necessarily exclude matrimonial consent.

§ 1. Internal consent of mind is always presumed conformable to the words or signs employed in celebrating marriage.

§ 2. But if either or both parties by a positive act of the will exclude marriage itself, or every right to the conjugal act, or some essential property of marriage, the party contracts invalidly.

§ 1. A marriage entered because of force or grave fear imposed from outside and unjustly, from which one is compelled to choose marriage in order to free himself, is also invalid.

§ 2. No other fear, even if it gives cause to the contract, brings with itself the nullity of marriage.

§ 1. To contract marriage validly it is necessary that the contracting parties be present, either personally by themselves or through a proxy.

§ 2. The spouses are to express matrimonial consent by words; nor is it lawful for them to employ equivalent signs if they can speak.

§ 1. With diocesan statutes added above remaining firm, in order that marriage be entered validly through a proxy, there is required a special mandate for contracting with a certain person, signed by the mandating party and either by the pastor or Ordinary of the place in which the mandate is made, or by a priest delegated by either, or by at least two witnesses.

§ 2. If the mandating party does not know how to write, this is to be noted in the mandate itself and another witness is to be added who himself also signs the writing; otherwise the mandate is invalid.

§ 3. If, before the proxy has contracted in the name of the mandating party, the latter has revoked the mandate or fallen into insanity, the marriage is invalid, although either the proxy or the other contracting party has been ignorant of these things.

§ 4. In order that the marriage be valid, the proxy must perform his function personally by himself.

Marriage can also be contracted through an interpreter.

The pastor is not to assist at a marriage to be contracted through a proxy or through an interpreter unless a just cause is present and it is in no way lawful to doubt the authenticity of the mandate or the fidelity of the interpreter, with the permission of the Ordinary having been had, if time permits.

A condition once added and not revoked:

1° If it concerns the future and is necessary or impossible or shameful, but not against the substance of marriage, is to be held as not added.

2° If it concerns the future and is against the substance of marriage, it renders the marriage invalid.

3° If it concerns the future and is licit, it suspends the value of the marriage.

4° If it concerns the past or the present, the marriage will be valid or not according as that which underlies the condition exists or not.

Although marriage has been entered invalidly by reason of an impediment, the consent furnished is presumed to persevere until its revocation has been established.