The Error of Law in Can. 1099 CIC

Abstract

The paper proposes the study of fundamental questions about the error mentioned in can. 1099 cic. After briefly explaining the meaning of the categories of “essence” of “essential property” and “end”, it clarifies the first of the two provisions laid down in the Code of Canon Law provision considered: the irrelevance, for the validity of marriage, of the error on the essential properties and the sacramental dignity, giving also the reasons that underlie them; it is also focused the importance of such a prescription in relation to the marriage of the non-baptized and baptized non-catholics. It then considers the issue pertaining to the second provision in can. 1099 concerning the relevance of the fundamental error, namely the error that affects the will, highlighting the legal grounds on which they are based.