27. Fulfillment of the Contract of Marriage.
The contract of marriage is completed only by conjugal cohabitation.
A contract of two persons of different sex, with the secret
understanding either to abstain from conjugal cohabitation or with the
consciousness on either side of incapacity for it, is a simulated
contract; it does not constitute a marriage, and it may be dissolved
by either of the parties at will. But if the incapacity only arises
after marriage, the right of the contract is not annulled or
diminished by a contingency that cannot be legally blamed.
The acquisition of a spouse, either as a husband or as a wife, is
therefore not constituted facto- that is, by cohabitation- without a
preceding contract; nor even pacto- by a mere contract of marriage,
without subsequent cohabitation; but only lege, that is, as a
juridical consequence of the obligation that is formed by two
persons entering into a sexual union solely on the basis of a
reciprocal possession of each other, which possession at the same time
is only effected in reality by the reciprocal usus facultatum
sexualium alterius.
Title II. Parental Right. (Parent and Child).
28. The Relation of Parent and Child.
From the duty of man towards himself- that is, towards the
humanity in his own person there thus arises a personal right on the
part of the members of the opposite sexes, as persons, to acquire
one another really and reciprocally by marriage.
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