Article I. On the Revalidation of Matrimony Invalid Because of Defect of Consent

It is certain, 1° that Matrimony invalid because of defect of consent alone - that is, celebrated by error, or through force and fear, or fictitiously - can be revalidated by simple renewal of consent.

It is certain, 2° that renewal of consent of each party is required, if each truly did not consent, and at least of that one who did not consent, if it is one only. But concerning several things there is controversy; hence:

1630. Questions. - Quaer. 1° Must consent be renewed by both, if one only consented fictitiously or through fear?

Resp. Negatively. The reason is that the consent of the other, truly placed, perseveres, so long as it has not been positively retracted. - Thus the Theologians commonly; and St. Alphonsus calls this sentence the truer one.²

Nevertheless, some affirm, the sentence of whom to others does not seem probable. But in practice it is better to choose the safer counsel, and, insofar as it can be done without inconvenience or danger, to take care that consent be elicited from each.

Quaer. 2° Must the consent to be renewed be before the Pastor and witnesses?

Resp. Negatively. It appears from the practice of the Church and the common sentence, namely because of the inconveniences which would follow from that obligation. Except if the nullity has become publicly known. Yet the proclamations are then omitted.