Maxim 4.1.9
Consent, and not coition, constitutes marriage; and the parties are not able to consent before marriageable years.
Consensus non concubitus facit matrimonium; et consentire non possunt ante annos nubiles.
Source: 6 Co. 22; Jackson; Weisman, 79q
Difficulty 1/5 — Foundational
Explanation
Consent is the foundation of marriage, and consent requires capacity — those below the age of lawful marriage cannot give it, rendering any purported union void.
Where this applies
- A very young person is married off and the marriage is challenged.
- Someone below the age of consent is married and the legality is questioned.
Legal domains
Cite this maxim
NeCede Max. 4.1.9 — Consent, and not coition, constitutes marriage; and the parties are not able to consent before marriageable years. — 6 Co. 22; Jackson; Weisman, 79q (Consensus non concubitus facit matrimonium; et consentire non possunt ante annos nubiles.)
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