Chapter — 1917 Code of Canon Law

Chapter V: Of Matrimonial Consent

Superseded as law in 1983 — read why this Code still matters.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

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Can. 1081.

§ 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.

1983 Code correlation: can. 1057

Cited by 24 passages

Can. 1082.

§ 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.

1983 Code correlation: can. 1096

Cited by 16 passages

Can. 1083.

§ 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.

1983 Code correlation: can. 1097

Cited by 15 passages

Can. 1084.

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.

1983 Code correlation: can. 1099

Cited by 10 passages

Can. 1085.

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

1983 Code correlation: can. 1100

Cited by 9 passages

Can. 1086.

§ 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.

1983 Code correlation: can. 1101

Cited by 14 passages

Can. 1087.

§ 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.

1983 Code correlation: can. 1103

Cited by 13 passages

Can. 1088.

§ 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.

1983 Code correlation: can. 1104

Cited by 19 passages

Can. 1089.

§ 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.

1983 Code correlation: can. 1105

Cited by 14 passages

Can. 1090.

Marriage can also be contracted through an interpreter.

1983 Code correlation: can. 1106

Cited by 8 passages

Can. 1091.

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.

1983 Code correlation: can. 1071

Cited by 11 passages

Can. 1092.

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.

1983 Code correlation: can. 1102

Cited by 21 passages

Can. 1093.

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

1983 Code correlation: can. 1107

Cited by 8 passages