|The Sanctifying Function of the Church » The Sacraments » Marriage » The convalidation of marriage » Simple convalidation|
|Canon 1156.||§1. To convalidate a marriage which is invalid because of a diriment impediment, it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent.
§2. Ecclesiastical law requires this renewal for the validity of the convalidation even if each party gave consent at the beginning and did not revoke it afterwards.
|Canon 1157.||The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.|
|Canon 1158.||§1. If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of can. 1127, §2.
§2. If the impediment cannot be proven, it is sufficient that the party conscious of the impediment renews the consent privately and in secret, provided that the other perseveres in the consent offered; if the impediment is known to both parties, both are to renew the consent.
|Canon 1159.||§1. A marriage which is invalid because of a defect of consent is convalidated if the party who did not consent now consents, provided that the consent given by the other party perseveres.
§2. If the defect of consent cannot be proven, it is sufficient that the party who did not consent gives consent privately and in secret.
§3. If the defect of consent can be proven, the consent must be given in canonical form.
|Canon 1160.||A marriage which is null because of defect of form must be contracted anew in canonical form in order to become valid, without prejudice to the prescript of can. 1127, §2.|
|The Sanctifying Function of the Church » The Sacraments » Marriage » The convalidation of marriage » Radical sanation|
|Canon 1161.||§1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, which is granted by competent authority and entails the dispensation from an impediment, if there is one, and from canonical form, if it was not observed, and the retroactivity of canonical effects.
§2. Convalidation occurs at the moment of the granting of the favor. Retroactivity, however, is understood to extend to the moment of the celebration of the marriage unless other provision is expressly made.
§3. A radical sanation is not to be granted unless it is probable that the parties wish to persevere in conjugal life.
|Canon 1162.||§1. A marriage cannot be radically sanated if consent is lacking in either or both of the parties, whether the consent was lacking from the beginning or, though present in the beginning, was revoked afterwards.
§2. If this consent was indeed lacking from the beginning but was given afterwards, the sanation can be granted from the moment the consent was given.
|Canon 1163.||§1. A marriage which is invalid because of an impediment or a defect of legitimate form can be sanated provided that the consent of each party perseveres.
§2. A marriage which is invalid because of an impediment of natural law or of divine positive law can be sanated only after the impediment has ceased.
|Canon 1164.||A sanation can be granted validly even if either or both of the parties do not know of it; nevertheless, it is not to be granted except for a grave cause.|
|Canon 1165.||§1. The Apostolic See can grant a radical sanation.
§2. The diocesan bishop can grant a radical sanation in individual cases even if there are several reasons for nullity in the same marriage, after the conditions mentioned in can. 1125 for the sanation of a mixed marriage have been fulfilled. He cannot grant one, however, if there is an impediment whose dispensation is reserved to the Apostolic See according to the norm of can. 1078, §2, or if it concerns an impediment of natural law or divine positive law which has now ceased.
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