Article I: Concerning the Convalidation of Matrimony in General

241. • I. Diverse remedies to be applied to an invalid matrimony.

In four ways the case of an invalid matrimony can be met:

a) By procuring a juridical declaration of nullity and separation of the spouses.¹

¹ More often, for obtaining that declaration of nullity, only the judicial way lies open. Sometimes, however, one can proceed by the administrative way. Cf. Can. 1990.

b) By permitting the putative spouses to continue to cohabit as brother and sister.

c) By leaving them in good faith.

d) By convalidating the matrimony.

But, as is evident, these means cannot be applied indiscriminately; rather, one must use this or that one according to the diverse cause of nullity and also the diverse disposition of the putative spouses.

a) A declaration of nullity is rarely to be advised and is to be restricted to necessary cases: suppose when the nullity of the matrimony cannot be sanated, or when each spouse or either spouse in no way wishes to cohabit with the other party, or wishes to contract another matrimony, etc...

b) Very rarely is it expedient, on account of grave danger of sinning, to permit putative spouses to cohabit as brother and sister.

c) When each is ignorant of the nullity, often it is better to leave them in good faith, provided, however, that the nullity is occult.

d) But insofar as it is possible, the convalidation of matrimony ought to be preferred.

242. • II. Notion of convalidation.

a) Convalidation is called the act by which a matrimony contracted invalidly is made valid.

b) A twofold species of convalidation is distinguished:

1. Simple convalidation.

2. Sanation in the root.

c) They differ from one another in this:

1. Simple convalidation always requires that consent be renewed, while sanation in the root dispenses from that renewal.

2. Simple convalidation regards only the future, while sanation in the root exerts its force even into the past, through a fiction of law, with respect to canonical effects.