III. MATRIMONIAL CONSENT A. NATURE OF MATRIMONIAL CONSENT 1.

Juridical Aspect (1057, 1) - Efficient cause of marriage - Juridical act which creates between parties marital bond with all the effects & consequences implied in married state. Requires the two conditions for its manifestation: 1. Absence of impediments 2. Canonical Form 2. Philosophical Aspect (1057, 2) - Three elements: a. Psychosomatic - maturity b. Cognitive - knowledge to which consent is based c. Volitive - correct intention and freedom B. SOURCES OF DEFECTIVE MATRIMONIAL CONSENT 1. In the psychosomatic capacity 2. In the act of the intellect 3. In the act of the will A. On the Part of the Psychosomatic Capacity (Canon 1095): a. Lack of sufficient use of reason (1) b. Lack of due discretion of judgement (2) c. Incapacity to assume essential marital obligations (3) B. On the Part of the Intellect: a. Ignorance (1096) b. Error (1097) c. Fraud (1098) C. On the Part of the Will: a. Simulation (1101) b. Conditional Consent (1102) c. Force and Fear (1103) 1095 & 1098 are totally new. A defect must be present at the moment of consent to render marriage invalid, not before and after. Unlike the impediments, defects need not be perpetual, that is, they pertain only to the moment of consent. These are nine grounds of defective consent which are to be understood within the limits described by canon 1095-1107.