Abstract

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Highlights

  • “Marriage and Family” is the foundation stone of an authentic human society

  • The Council defines marriage as a “covenant of love”[2]; a covenant which is “freely and consciously chosen, whereby a man and a woman accept the intimate community of life and love willed by God himself ”3

  • Vatican Council II defines marriage as a covenant of love6 “freely and consciously chosen7”, whereby man and woman accept the intimate community of life and love willed by God himself[8]

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Summary

The formation of a free consent in Marriage

Vatican Council II defines marriage as a covenant of love6 “freely and consciously chosen7”, whereby man and woman accept the intimate community of life and love willed by God himself[8]. The principle matrimonium facit partium consensus was confirmed definitively while affirming that consummation gives it absolute indissolubility Beneath this affirmation, the concept of internal freedom in matrimonial consent plays a fundamental role, being an essential prerequisite for the person’s capacity to contract it. 16 Determining the matrimonial consent as an act of the will, the 1983 Code of Canon Law establishes the requirements sine qua non for the validity in contracting marriage All it has to be a qualified human act based on the sufficient use of reason in relation to the will Thomas confronts this question in the Summa Theologiae as eruditely presented in one of the works of an expert on the Angelic Doctor: In the First Part, the study of the free will followed that of the intellectual faculties

The Human Will and its Object
Conclusion
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