La incidencia del error sobre cualidad y del error redundans en el consentimiento matrimonial

Abstract

The current canonical regulation with respect to the incidence of error in the validity of marriage consent (cc. 1097 & 1098) continues to present serious problems of interpretation arising, in great part, from the origin of the above mentioned canons. These are the fruit of the doctrinal and jurisprudential development of the ancient «error redundans». Today with the gradual deeper understanding of the nature of error this positive regulation has disappeared. This article analyses in detail the different types of error in the current code specifically its content and the legal, doctrinal, juridical, and jurisprudential requisites in order to declare nullity of marriage. It gives special attention to the problem of limiting concept of «person» in c. 1097, 1 as well as the nature of deceitful error. The author expounds the foundation for the incidence of the various types of error of a quality in considering validity. She proposes a deeper understanding beyond the specific existing positive regulation. She answers the question of the incidence of deceit, not deceitful error, in the process of forming consent. She considers the possible repercussions on the validity of consent of the act when the quality of a contractant is directly and principally intended and absolutely determines will. The effective existence of an error with respect to this quality is effectively independent.