MARRIAGE 73 responsible, the parents may in fact not have consented to the marriage or even have known of it. In any event, ratification by the parents or parent after marriage, so far as concerns the validity of the marriage, and the legitimacy of the children, has the same effect as a previous consent ; but no ratification after marriage can reheve from the penalties imposed by the Perpetual Edict, this being excluded by the express terms of the Edict itself.^ If parents frivolously and unreasonably withhold their consent, it would seem just that the Court should have power to override their veto. Such is the opinion of Voet,^ which Van der Keessel accepts.* But only very pecuUar circumstances would justify overriding the parental authority.* An insane parent, so far as concerns consent, is treated as non-existent, and the same consent, if any, is required and sufficient as would be sufficient if he or she were already dead.* A minor who has married with consent, and who becomes widowed before reaching the usual limit of full age, may remarry without consent. Such at least was the law in the province of Holland, in regard to females and males ahke.® Thus far we have spoken of the consent of parents Or other relatives.
Voet, 23. 2. 19 ; V. d. K. Th. 75. In the absence of consent or
ratification the marriage will be declared void by the Court on the application of an aggrieved parent 'si rigido jure uti velit'. Voet, 23.2.11; Van Leeuwen, 1. 14. B ; Johnson v. Mclntyre, ubi sup.; Willenburg v. Willenburg (1909) 3 Buoh. A. 0. at p. 423. It follows that marriages contracted without consent of parents are voidable, not void. Further, they are voidable by the parent only, not by the parties or either of them, i. e. not on the ground of minority merely apart from fraud {S. A. L. J., vol. xxviii, p. 480) ; and by the parent (semble) only during the minority of the married child. Ibid.
Voet, 23. 2. 22 ; Schorer ad Gr. 1. 5. 16. In Brit. Gui. the minor
may appeal to the Court against the refusal of parents to consent. Ord. No. 25 of 1901, sec. 31 ; Be petition of Victorina Chaises (1912) Brit. Qui. Off. Gaz., vol. xxxv, p. 1445.
V. d. K. Th. 76. * Voet, uhi sup. V. d. K. Th. 82. Cod. 5. 4. 25 is not followed in R.-D. L. At
the Cape, any person desirous of marriage to whose marriage con- sent is necessary, but cannot be given or is withheld, may apply by petition to the Chief Justice. Marr. 0. in C. 1838, sec. 17. « Cens. For. 1. 1. 13. 11 ; Voet, 23. 2. 17. The Echt-Reglement of March 18, 1656 (2 G. P. B. 2439) contains an express provision to this
effect for the Generaliteyts Landen.