Morals of the Church
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Section — Wouters, Manual of Moral Theology

§ V. On the Extrinsic Form of Contract

843.

I. Notion. By the extrinsic form of a contract are understood the solemnities, according to law, to be employed in entering at least some contracts.

ContractsThe nature of contractConsent in contracts

844.

II. Division. 1. The extrinsic form of a contract is divided:

  1. With Canon Law considered, into essential and accidental, according as it is required for validity or only for liceity; thus the presence of witnesses and of the pastor for matrimony is essential; but that matrimony must be entered into publicly pertains to the accidental form.

  2. With civil law considered, some solemnities are sometimes required for merely proving the contract; others are in some way necessary for validity, as we shall explain more fully in the scholion.

ContractsThe nature of contractConsent in contracts