Chapter IX. On the Revalidation of Marriage

A marriage can be invalid 1°. on account of defect of consent; 2°. on account of defect of the prescribed form, namely on account of clandestinity; 3°. on account of the inability of the parties induced by force of some ecclesiastical impediment. - Hence:

I say 1°. § 1. For convalidating a marriage invalid on account of a diriment impediment, it is required that the impediment cease or be dispensed, and that at least the party conscious of the impediment renew consent.

§ 2. This renewal is required by ecclesiastical law for validity, even if at the beginning each party furnished consent and did not afterward revoke it (Can. 1133).

The reason for the first is that marriage must be between capable persons who consent; therefore it is necessary that the diriment impediment either cease or be dispensed, and thus the parties become capable persons who may consent into marriage.

The reason for the second is ecclesiastical law itself, demanding this renewal, which from the nature of the thing, once the impediment ceases, is not required, as becomes clear from sanation in the root, by force of which the Church holds the old consent as sufficient.

Therefore two things are required for convalidating: the capability of the parties through cessation of the diriment impediment or dispensation, and renewal of consent at least by the party conscious of the impediment.

I say 2°. Renewal of consent must be a new act of the will into the marriage which is established to have been null from the beginning (Can. 1134).

I say 3°. § 1. A marriage invalid on account of defect of consent is convalidated if the party who had not consented now consents, provided the consent furnished by the other party perseveres.

§ 2. If the defect of consent was merely internal, it is enough that the party who had not consented consent internally.

§ 3. If it was also external, it is necessary also to manifest the consent externally, either in the form prescribed by law, if the defect was public, or in another private and secret mode, if it was occult (Can. 1136).

I say 4°. A marriage null on account of defect of form, in order that it become valid, must be contracted anew in legitimate form (Can. 1137).

The reason is that the law prescribing the form of celebration urges all subjects. If the invalidity is public, it must be convalidated publicly before the Pastor and witnesses, but it can be entered privately before the same, with reparation of scandal made through publication of the convalidation. But if one party wished to approach the Pastor and the other refused, the latter is to be induced to renew consent through a proxy before the Church in the form prescribed by canon 1095. If the invalidity is occult, it must be convalidated occultly in the customary form. Finally, if one party obstinately refuses, recourse must be had to dispensation in the root in favor of the innocent party. - Cf. Heiss, parag. 62. - Wernz, v. 4, 649. But if the party wishing to convalidate the marriage, together with the other party, should proceed even in fraud of the law to a region of which in Canon 1098, n. 1°, and there, with the conditions fulfilled, should renew formal matrimonial consent before two witnesses after the nullity of the marriage had been known, the marriage would be convalidated. - Cf. S. C. Sacr. 12 March 1910 ad III.