Article II. On Invalidating Law

135. • Invalidating law is that which establishes that some act is invalid from the beginning, or is to be invalidated by the sentence of a judge. Hence there are laws invalidating by the fact itself, while others invalidate only after sentence. Some invalidate absolutely, and others conditionally, namely if the required conditions are lacking. Moreover some immediately invalidate the act itself, as the impediment of matrimony because of clandestinity; and others mediately, by rendering the persons themselves incapable, as the impediment of consanguinity.

Principles. - I. Every legislator can establish invalidating laws; the reason is that this is required for the common good; otherwise frauds and dangers of human society could not sufficiently be driven away. - Suarez.

II. Laws which establish that acts can be rescinded do not invalidate them before the sentence of a judge, as is clear from the terms, and consequently before that sentence they do not obtain force.

III. But one must stand by the sentence of a judge invalidating in all those things which intrinsically arise from the invalidation, because obedience must be given to the authority commanding. - Suarez.

136. Questions. - QUESTION 1. Whether an invalidating law obliges in conscience to avoiding the act?

I answer: Yes, if it is at the same time invalidating and prohibiting, as are laws establishing impediments of matrimony; otherwise, if it is only invalidating, because then the end of the law is sufficiently obtained by the invalidation alone of the act, as in several civil contracts. - Reuter, no. 232.

QUESTION 2. Whether invincible ignorance impedes the effect of invalidation?

I answer: No, of itself, because ignorance does not supply the defect of a thing essentially required, nor does it remove the grave inconveniences which would follow if the law did not invalidate in every case. Thus a woman violated by an unknown man invalidly marries the brother of that same man, notwithstanding invincible ignorance of the impediment of affinity.

Yet make exception if the law invalidates only as penalty for and hatred of a delict; because then it intends to punish malice alone, and consequently, when the cause ceases, the effect also ought to cease. - Suarez, - Lacroix, etc.

QUESTION 3. Whether an invalidating law invalidates, notwithstanding a very grave inconvenience?

I answer: Yes, unless the matter is one of common harm; the reason is that an invalidating law affects the act rather than the person, nor is it a matter of an obligation of conscience, but of the common good; otherwise men would more easily feign inconveniences for themselves, and the law would lose its whole strength. Hence a marriage contracted with a blood relative, even from fear of death, without dispensation, would not be valid. - Lacroix.