§ I. On the Qualities of Legitimate Consent

I say. Consent in completing a contract must be: 1st, external, that is, manifested by some sensible sign, because it must become known to the other party; 2nd, internal, because obligation arises from the will alone of the contracting party; 3rd, mutual, because a contract is an agreement of two or more persons, and therefore agreement of will is required on each side; 4th, perfectly deliberated, because it is a question of an obligation to be undertaken.

You Will Resolve. - 1st. Probably a contract entered into with the intention of not obliging oneself is not valid, because the condition placed destroys its very substance. Nevertheless something else must be said of a contract entered into with the intention of not fulfilling the obligation. - Cf. St. Alphonsus, n. 710. - Ballerini, note (b), p. 648.

2nd. It is not required that the consent of each party be elicited at the same time, because once given it perseveres, unless it is revoked.

3rd. He who fictitiously consents to a contract is held in the forum of conscience to make the deceived party indemnified; and if no other means of repairing the injury is at hand, to furnish internal consent and stand by the contract. But if the contract fictitiously entered into has been put into execution, no dominion has in fact been transferred. Whence, by reason of the thing received, the deceived person is to be held as a possessor in good faith, but the deceiver as a possessor in bad faith. - Cf. St. Alphonsus, Hom. Ap. n. 93.

4th. Silence regularly is equivalent to consent, if the matter is favorable to the one silent, according to the Rule of Law: He who is silent seems to consent.