Article I. On the Revalidation of a Marriage Invalid Through Defect of Consent

It is certain, 1. that a marriage invalid through defect of consent alone can be revalidated by the simple renewal of consent.

It is certain, 2. that renewal of the consent of each party is required if neither truly consented, and at least of the one who did not consent if there is only one. Concerning several matters, however, there is controversy; hence:

891. Questions. - QUESTION 1. Must consent be renewed by both parties if only one consented fictitiously or under compulsion?

Reply. Negatively. The reason is that the consent of the other, having been truly placed, perseveres so long as it has not been positively retracted. Thus the Theologians commonly; and St. Ligorius, no. 1114, calls this opinion the truer one, that is, morally certain.

Some nevertheless affirm, although their opinion does not otherwise appear probable. But in practice it is preferable to choose the safer counsel and, insofar as it can be done without inconvenience or danger, care must be taken that consent be elicited from both.

QUESTION 2. Must consent be renewed before the Pastor and witnesses?

Reply. Negatively. This is apparent from the practice of the Church and the common opinion, namely, because of the inconveniences which would follow from that obligation.