In common error or in positive probable doubt wether of fact or law , the Church supplies jurisdiction both for the external and the internal forum. Marriage enjoys the favor of law. Wherefore, in case of doubt, the marriage is to be considered valid until the contrary is proved. In common error about fact or about law, and also in positive ad probable doubt about law or about fact , the Church supplies executive power of governance both for the external and for the internal forum. This same norm applies to the faculties mentioned in cann.
Marriage enjoys the favour of law.
Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven. This, too, in a broad sense may be regarded as doubt. A consultation of any moral treatise De Conscientia will confirm it. By virtue of Canon 209, New Code Canon 144, the Church supplies jurisdiction of either the internal or the external forum in positive and probable doubt either of law or of fact. Let us see some authors in order to complete and understand better this consoling doctrine, which resolves so many difficulties.