Il matrimonio “sine opere coniugali” tra diritto e teologia (XII-XIII secolo)

The marriage sine opere coniugali was legitimized by canon lawyers and theologians, but it was generally believed that there was no marriage without consent to carnal intercourse. This belief called in question the perfection of Mary and Joseph’s union. Therefore the canonist Gratian had posited that marriage was begun with consent but ratified only by sexual intercourse. So lawyers and theologians began to dispute on the perfection of an unconsummated marriage and to discuss the nuptial consent. In this discussion the juridical concept of potestas corporis had a central role.