Brevi note sul principio di insostituibilità del consenso nella disciplina del matrimonio canonico

The consent to marriage refers to the manifestation of the intending spous es’ will, through which they express their decision to marry each other. In canon law only the consent of the parties, legitimately manifested between persons qualified by law, makes marriage; this consent cannot be supplied by any human power (cfr. can. 1057 § 1). This means that the juridic efficacy of a marriage that is celebrated could be deficient when, for example, the internal consent of either party was defective. A marriage, in fact, can be and has to be declared invalid due to defect of consent