Exclusion of the Good of Progeny According to the Jurisprudence of the Roman Rota

Abstract

Marriage arises by mutual consent of the engaged couple who give themselves to and accept each other so as to create marriage. The words of the marriage vows must correspond to the parties’ intention. Such accord is supposed until the contrary is proved. The contradiction before the engaged couple’s intention and the words of the marriage vows is cause of a defect of marital consent. Therefore if the engaged, at the moment of contracting mariage, intend to exclude marriage itself or any of its essential properties or elements, they contract marriage invalidly. The good of progeny which, according to the jurisprudence of the Roman Rota, includes three substantial elements: the good of the spouses, birth of progeny and the upbringing thereof, belongs to the substantial elements of marriage. The engaged must not exclude any of these elements at the moment of contracting marriage. If they did so, their marriage would be contracted invalidly.