The error on a personal quality as a basis to void consent for marriage under article 8 N° 2 of chilean civil marriage act

Abstract

This work analyses a ground for marriage nullification introduced by article 8 N° 2 of Chilean Act N° 19.947, namely error on a personal quality. Both the legislative discussion, as well as Canonical Doctrine on the matter –the only source cited during the legislative discussion– are presented. Finally, the author lays out an interpretation of the norm in light of article 102 of the Chilean Civil Code and the Canonical understanding of the matter.