1629 For this reason (or for other reasons that render the marriage null and void), the Church may, after examination of the situation by the competent ecclesiastical tribunal, declare the nullity of a marriage, that is, the marriage never existed. 132 In the present case, the contracting parties are free to marry, provided that the natural obligations of a previous union are fulfilled. (133) The role of pastors and the Christian community as “families of God” is indispensable for the transmission of the human and Christian values of marriage and the family, 135 and even more so in our time, when many young people experience broken families that no longer sufficiently guarantee this initiation: 1632 For the yes-“yes” of the spouses to be a free and responsible act, and that the covenant of marriage may have a solid and lasting human and Christian foundation. Marriage preparation is of paramount importance. Moreover, we see the fundamental importance of consent in marriage in the first marriage in human history. Adam`s “Yes” to God Re: Eve`s conjugal gift is manifested in her response to God: “This is at last the bone of my bones, and the flesh of my flesh; she shall be called a woman because she has been taken away from man” (Genesis 2:23). Eve`s approval is implicit in the scriptures because we see her living freely with her husband and starting a family. Objection 3. Moreover, if it is proved that a man consented to marry a particular woman in the present, he is compelled, under threat of excommunication, to take her as his wife, even if he must say that he had no spiritual consent, notwithstanding the fact that he may have later married another woman by words, which express their approval in the present. However, this would not be the case if spiritual consent were required for marriage. Therefore, it is not necessary. Objection 1. It seems that even without inner consent, a marriage is concluded by consent, which is expressed in the words of the present.
Because “fraud and fraud should not benefit anyone”, according to the law (chap. Ex Tenore, De Rescrip., chap. Si vir, of cognat. Spir.). Anyone who agrees in words without agreeing in his heart commits a fraud. Therefore, he should not benefit from being freed from the marriage covenant. On the contrary, Chrysostom [Hom. xxxii in Opus Imperfectum, falsely attributed to John Chrysostom] says: “It is not coitus but consent that concludes a marriage.” Objection 1. It seems that consent is not the actual reason for marriage.
For the sacraments do not depend on the human will, but on the divine institution, as indicated above (Sent. iv, D, 2; III, 64, 2). But consent is part of the human will. It is therefore no more the cause of marriage than that of the other sacraments. 1633 In many countries, there is often a mixed marriage (marriage between a Catholic and a baptized non-Catholic). It requires special attention from couples and their shepherds. A case of marriage with different cults (between a Catholic and an unbaptized one) requires even more caution. Response to objection 2. In penance, our act, although essential to the sacrament, is not sufficient to produce the immediate effect of the sacrament, namely the forgiveness of sins, and therefore it is necessary that the action of the priest intervene so that the sacrament is made perfect.
But in marriage, our actions are reason sufficient to produce the immediate effect of the covenant of marriage, for he who has the right to self-determination can bind himself to another. Therefore, the blessing of the priest is not required for marriage to be essential to the sacrament. Before a conjugal union is recognized by a state, there must be consent or agreement between the parties to the union to be married. For consent to exist, both parties must agree on the marriage and there must be no error as to the nature of the union; Neither party can be subjected to violence in order to join the Union. The importance of marriage runs through the entire history of salvation, as affirmed in the Catechism of the Catholic Church (Catechism): 1628 Consent must be an act of will of each contracting party, free from coercion or severe external fear. 130 No human force can replace this consent. 131 In the absence of this freedom, marriage is void. Objection 3. Moreover, through religious vows, man enters into a spiritual marriage with God. Now the religious vow is expressed in words of the future and is binding.
Therefore, carnal marriage can also be carried out by words of the future. Objection 2. In addition, there may be marriage between people who are unable to express their mutual consent with words by being stupid or speaking different languages. Therefore, the expression of consent in words is not required for marriage. Once consent is established, state laws determine the couple`s status as a spouse (as long as they have met the state`s marriage license requirements). 1625 The parties to a matrimonial alliance are a baptized man and a freely entered into baptized marriage, freely expressing their consent; “To be free” means: reply to objection 2. In the absence of the spiritual consent of either party, there is no marriage on either side, since marriage consists of a mutual union, as mentioned above (Supplement: 44:1). However, it may be assumed that, in all likelihood, there is no fraud unless there are clear signs of it; Because we have to assume that everyone is good unless there is evidence to the contrary. Therefore, the party with whom there is no fraud is freed from sin through ignorance. On the contrary, given the cause, the effect follows. Now, the sufficient reason for marriage is consent, which is expressed in the words of the present.
Whether done publicly or privately, the result is marriage. Besides, the one who promises to do a certain thing does not do it yet. He who accepts in words in the future promises to marry a certain woman. That`s why he doesn`t marry her yet. Response to objection 1. The primary cause of the sacraments is the divine power which operates in them the well-being of the soul; But the second cause or instrumental cause are material operations which derive their effectiveness from the divine institution, and therefore consent is the cause in marriage. In the Latin rite, marriage between two Catholic faithful usually takes place during Holy Mass, because all the sacraments are linked to the Paschal Mystery of Christ. In the Eucharist is remembered the New Covenant, the New Covenant, in which Christ was forever united to the Church, his beloved Bride for whom he gave himself.
It is therefore appropriate that spouses seal their consent to give themselves to one another by giving their own life, uniting it to Christ`s sacrifice for his Church, made present in the Eucharistic sacrifice, and receiving the Eucharist so that they can communicate in the same Body and Blood of Christ, they can form “one body” in Christ (CCC 1621; Footnotes omitted). Capacity generally refers to the mental capacity of one or both parties to the marriage to agree to become spouses. Both parties must be of sound mind and able to accept marriage. Not all forms of mental illness and insanity serve to render someone incapable of getting married. On the contrary, marriage is a sacrament. Now, a reasonable sign is required in every sacrament. Therefore, it is also necessary in marriage, and therefore there must at least be words by which consent is made perceptible to the senses. In addition, in marriage there is a contract between husband and wife. Now, every treaty must express the words by which people bind themselves to each other.