§ 2. Convalidation of Matrimony Invalid from Defect of Consent

249. • I. Necessity of a new and valid consent.

"Matrimony void on account of defect of consent is convalidated if the party who had not consented now consents, provided that the consent given by the other party perseveres." (Can. 1136, § 1.)

a) The one condition, but one altogether necessary and entirely indispensable for the convalidation of matrimony invalid on account of defect of consent, is that the party who had not consented validly consent.

b) The party ignorant of the nullity is not to be warned.

c) Nevertheless his or her consent previously given must persevere. But it perseveres if it has not been retracted by a positive act of the will.

250. • II. Concerning the manner of giving that consent.

a) "If the defect of consent was merely internal, it suffices that the party who had not consented consent inwardly." (Can. 1136, § 2.)

b) "If it was also external, it is necessary to manifest consent also externally, either in the form prescribed by law, if the defect was public, or in another private and secret manner, if it was occult." (Ibid., § 3.)

N. B. Here also there applies what we said at the end of the preceding paragraph concerning the care to be expended by the parish priest or confessor that that consent be given in the state of grace.