Section III. On the Reception of the Sacrament of Marriage

In order that the sacrament of marriage be validly and licitly received, besides the use of reason and sufficient knowledge of the matrimonial contract (p. 531 sq.), it is required that the one receiving it be in the state of grace and immune from impediments. Therefore "the pastor should not omit prudently to instruct the people concerning the sacrament of marriage and its impediments" (canon 1018).

I. State of grace. 1. That the state of grace is required is clear from the fact that marriage is a sacrament of the living, or is ordered to increasing grace, and therefore supposes grace (n. 43).¹

2. The state of grace perhaps lost can be recovered either through confession or through an act of contrition (n. 43).

II. Immunity from impediments. Therefore it is useful first to note these things beforehand:

1. The validity of marriages is to be judged according to the law in force at the time when they were contracted.

2. Marriages invalid because of an impediment in force before the Code and abrogated by the Code were not convalidated by the promulgation of the Code itself, but according to the circumstances must be convalidated either by simple convalidation or by sanation in the root,² which will be explained later. Nevertheless, as is drawn from the nature of the matter, dispensation is not required if the question concerns an abrogated impediment.³

With these things noted, we shall speak first of impediments in general, then of impedient impediments in particular, then of diriment impediments in particular, and finally of the dispensation of impediments.

¹ In a proxy or interpreter the state of grace is not required, as is clear, because they do not receive the sacrament.

² Pontifical Commission, June 2-3, 1918 (A.A.S. 1918, p. 346).

³ Thus the response of the President of the Pontifical Commission (cf. Periodica IX, p. 154).