Jurisprudence I: culture and conditioned consent [Decision coram De Lanversin, 27 June 1997 (Calcutta, India)]

• Published in: Studia canonica Vol. 36; no. 2; p. 497
• Main Authors: PINTO, Pio V, DE LANVERSIN, Bernardus, SABLE, Robertus M
• Format: Journal Article
• Language: English
• Published: Ottawa Studia Canonica 01.07.2002
• Subjects: Canon law; Marriage; Roman Catholic Church; India
• ISSN: 0039-310X

This consent is "an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage" (can. 1057, [Symbol Not Transcribed]2 CIC 83). Therefore, when the remaining essential qualities are present, which are required in the contractant by the natural and positive law, the question whether the marriage is celebrated validly or not depends on that person's will (cfr. can. 1101, [Symbol Not Transcribed][Symbol Not Transcribed]1-2 CIC 83). Hence, similar to other contracts, a person who is marrying, through a positive act of the will, can consent either absolutely in contracting marriage or only under a determined condition. Wherefore, because the marriage in question was celebrated in 1972, prior to the new Code, it seems that canon 1092 of the Pio-Benedictine Code should be applied to the case, which admits of a condition "de futuro," particularly under 2[Symbol Not Transcribed] [degree] and 3[Symbol Not Transcribed] [degree] stating, "2[Symbol Not Transcribed] [degree]: If [the condition] de futuro is contrary to the substance of marriage, it renders marriage invalid"; and "30: If it is a licit de futuro [condition], it suspends the validity of the marriage." this consent is "an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage" (can. 1057, [Symbol Not Transcribed]2 CIC 83). Therefore, when the remaining essential qualities are present, which are required in the contractant by the natural and positive law, the question whether the marriage is celebrated validly or not depends on that person's will (cfr. can. 1101, [Symbol Not Transcribed][Symbol Not Transcribed]1-2 CIC 83). Hence, similar to other contracts, a person who is marrying, through a positive act of the will, can consent either absolutely in contracting marriage or only under a determined condition.