Validation of Marriage

Validation of Marriage
Validation of Marriage
May be effected by a simple renewal of consent when its nullity arises only from a defective consent in one or both parties

Catholic Encyclopedia. . 2006.

Validation of Marriage
    Validation of Marriage
     Catholic_Encyclopedia Validation of Marriage
    Validation of marriage may be effected by a simple renewal of consent when its nullity arises only from a defective consent in one or both parties. When, however, matrimony is invalid on account of the existence of some ecclesiastical impediment, it may be revalidated by simple dispensation or by that known as Sanatio in Radice.
    (1) In the first method, as soon as a simple dispensation from the impediment has been obtained, a renovation of consent of both parties will validate the marriage. When the impediment had affected only one of the parties and the other was unaware of the impediment, it is probably that both must renew their consent. That a true renovation of consent be obtained, it is requisite that the parties be made aware of the nullity of their marriage, unless sanatio in radice be resorted to. The renovation must be made before the authorized ecclesiastical authority and witnesses when the impediment has been public.
    (2) The dispensation called sanatio in radice consists in the revalidation of a marriage by reason of a consent formerly given, but ineffective at the time owing to some ecclesiastical impediment. When the impediment is removed, the consent is ipso facto ratified and no renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their wedlock had had the external appearance of a true marriage. Sanatio is resorted to when there is urgent reason for not acquainting the parties with the nullity of their marriage, or when one of the parties alone is cognizant of the impediment and the other cannot be informed without grave consequences, or when one party would be unwilling formally to renew a consent that is presumably existent. The pope has power to give the dispensation called sanatio in radice for all marriages which are invalid in consequence of an ecclesiastical impediment. Bishops generally have no such power, even when by particular indult they can dispense in diriment impediments. For the granting of sanatio in radice a special apostolic faculty is required. In the United States, the ordinaries may grant such dispensation, under certain limitations, when only of the parties to the marriage is aware of the impediment.
    WILLIAM H.W. FANNING
    Transcribed by Christine J. Murray

The Catholic Encyclopedia, Volume VIII. — New York: Robert Appleton Company. . 1910.


Catholic encyclopedia.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Validation of marriage — or convalidation of marriage is, in Roman Catholic canon law, making a putative marriage a valid one, after the removal of an impediment, or its dispensation, or the removal of defective consent. Once a putative marriage has been validated, it… …   Wikipedia

  • Marriage, Validation of — • May be effected by a simple renewal of consent when its nullity arises only from a defective consent in one or both parties Catholic Encyclopedia. Kevin Knight. 2006 …   Catholic encyclopedia

  • Marriage in the United States — Chart illustrating marital status in the United States Marriage is the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law. [1] However, marriage can also be the… …   Wikipedia

  • Christian Law of Marriage in India — The Christian Law of Marriage in India is governed by the Indian Christian Marriage Act of 1872. Marriage, as is seen in Christian tradition, is not merely a civil contract nor is it purely a religious contract. It is seen as a contract according …   Wikipedia

  • Islamic marriage contract — An Islamic marriage contract is a formal, binding contract drawn up by parties involved in marriage proceedings.WitnessingIn Sunni Islam, a marriage contract must have two male witnesses, or, in the Hanafi school of jurisprudence, one man and two …   Wikipedia

  • Annulment — Family law Entering into marriag …   Wikipedia

  • Lois indiennes — Liste des lois adoptées par les gouvernements successifs en Inde depuis 1836, c est à dire au cours des périodes sous les régimes de l Inde britannique et du gouvernement de la république indienne. Sommaire 1 1836–1850 2 1851–1875 3 1876–1900 …   Wikipédia en Français

  • Liste de lois en Inde — Pour consulter un article plus général, voir : Droit en Inde. Liste des lois adoptées par les gouvernements successifs en Inde depuis 1836, c est à dire au cours des périodes sous les régimes de l Inde britannique et du gouvernement de la… …   Wikipédia en Français

  • List of Acts of Parliament of the United Kingdom Parliament, 1940-1959 — This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1940 1959. For acts passed prior to 1707 see List of Acts of Parliament of the English Parliament and List of Acts of Parliament of the Scottish… …   Wikipedia

  • List of supercentenarians from the United States — This is a list of supercentenarians from the United States. According to the GRG, there have been over 500 verified American supercentenarians (people from the United States who have attained the age of 110 or greater.)[citation needed] As of… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”