§ 2. On The Revalidation Of Matrimony Through Sanation In The Root

2084. SANATION IN THE ROOT is the abrogation of the ecclesiastical law which induced the impediment, in a particular case, with retroactive force, so that dispensation from the impediment now conceded is to be had as if it had been conceded before the matrimony was contracted, and the matrimony is revalidated without new consent.

And indeed, just as because of dispensation conceded before the nuptials were entered mutual consent duly furnished would have effected valid matrimony: so through dispensation now conceded with retroactive force it is effected that the same prior consent virtually persevering exercises its force and effects matrimony, which for this reason obtains the same effects just as if it had been valid from the beginning.⁹ - For the dispensation, by fiction of law, is drawn back to the root of the matrimony, and replaces things in that state in which they would have been if the impediment had never existed; and hence it is why it is called sanation in the root.

From the things said it follows that sanation in the root has a twofold EFFECT: one from now, i.e. the validity of the matrimony by force of the first consent; the other from then, namely the annulling of all the effects that followed from the nullity, first of all as regards children, who obtain the fullest legitimacy, so that they are altogether to be held as born from legitimate matrimony. This effect indeed can be obtained even when the parents are deceased.

Hence the difference between sanation in the root and ordinary revalidation is clear, since the latter requires new consent, and extends its effects only to future time, but not to the past.

2085. I. That the Church possesses the POWER of revalidating matrimony through sanation in the root is of certain law, and is evinced both from constant practice and from the nature of the matter. For just as the civil legislator can so remove his law that he annuls its effects even as to past time: so similarly the Supreme Pontiff can abrogate his own law as to all its effects.¹⁰

2086. II. The CONDITIONS required for sanation in the root are FOUR, namely:¹¹

1. That the impediment be of ecclesiastical law.

2. That true matrimonial consent was given in the beginning; for the root which did not exist cannot be healed. Wherefore it is required that, at least at the time of celebration, the conjunction had the appearance of matrimony and was not manifestly fornicary. - Matrimonial consent indeed does not regularly consist with knowledge of an impediment, since no one can seriously will what he knows cannot be done; nevertheless it can consist, if one does not sufficiently attend to its invalidating force, or if this force is unknown, or is not believed, or is not held as sufficiently seen through. If one party is in good faith as to the validity of the matrimony, the consent of this one can be healed, the consent of the other party having been renewed. Hence it is concluded that civil matrimony can be healed in the root, provided true matrimonial consent was furnished.

3. That the consent of each party persevered. This condition is customarily expressed, for the most part, in the Pontifical Rescript; but if it has not been expressed, it ought to be supposed by full right. For if the consent, the matrimony not yet having been convalidated, has been revoked, it can no longer be healed, since it has already been destroyed; otherwise one would have to say that the Sacrament of matrimony can be received by one formally unwilling. - But interpretative dissent does not impede sanation in the root, because it does not fight with true consent (cf. n. 2082). Besides, one must not inquire anxiously concerning the perseverance of consent; it suffices if revocation is not established.

4. That a grave and urgent cause be present: which is had if the matrimony cannot be revalidated otherwise, or in no way, or at least not without danger of grave damage. Yet the dispensation would be valid if the Pope knowingly conceded it without cause; otherwise, if the Ordinary conceded it (cf. n. 238).

2087. For practice, the following still come to be NOTED: - 1. Sanation in the root is commonly conceded only for the internal forum; nevertheless, necessity demanding it, it can also be obtained for the external forum; in which case, inscription of the convalidated matrimony is to be made either in the parochial book, if prudence permits this, or in a secret book to be preserved in the episcopal Curia, according to the things said in n. 2080 (Note 3). - 2. In whatever way revalidation is made, scandal, if perhaps it is present, is to be removed through knowledge of the valid matrimony prudently made known. 3. Sanation can be made with each party unaware, and thus is to be made whenever danger of grave damage is feared from warning. - 4. If one party can prudently be warned, the dispensation in the root ought to be fulminated according to the norm described above for ordinary dispensation (n. 2054), the things to be changed having been changed, and those things which are prescribed in the Rescript being diligently observed.

This or a similar Formula can be employed: I, by the Apostolic authority conceded to me, heal and strengthen in its root the matrimony contracted by you with N., and I declare the offspring received or to be received legitimate. In the name of the Father, etc.