§ 1. Defect of Age

796. Notion. The impediment of age is the defect of legitimate age. For the Code of Canon Law, can. 1067, establishes: "A man before the completed sixteenth year of age, and a woman likewise before the completed fourteenth year, cannot validly enter matrimony." The years must be altogether completed, so that if even one day is lacking, matrimony is contracted invalidly.

In warm regions, where physiological puberty in each sex is wont to arrive earlier and therefore matrimony also is celebrated earlier, a dispensation from this impediment is obtained from the Holy See for those who are already mature. Generally, however, pastors of souls should take care to turn young people away from entering matrimony before the age at which, according to the received customs of the region, matrimony is wont to be entered (ibid., § 2).

The impediment of defect of age had already existed for centuries, but its extent was circumscribed by the Code of Canon Law in the place cited. The old discipline, therefore, has been abrogated.

This impediment of age, since it is of merely ecclesiastical law, does not bind the non-baptized, who therefore can contract a valid matrimony among themselves even before attaining the age of sixteen or fourteen years, provided that they have sufficient use of reason and the other things required by natural law. The same seems to be said if matrimony is contracted between a member of the faithful who has the canonical age and an unbeliever who does not yet have it.⁴⁷

Note. If matrimony was invalidly contracted because of the impediment of deficient age, it does not convalidate of itself after puberty has been attained, but a renewal of consent is required, and indeed ordinarily before the parish priest and two witnesses according to the legal norms. For defect of age is an impediment of public law.

⁴⁷ Thus also Wernz-Vidal, Ius can. V, n. 211; Cappello, loc. cit., n. 336.