Article 13 — —Fundamental Error.

1) Marriage concluded as a result of error in consent shall not be valid. 2) Consent is deemed to be vitiated as a result of error where such error is a fundamental error. 3) Without prejudice to the provisions of Sub-Article (2) of this Article, the following shall be considered to be fundamental errors: (a) error on the identity of the spouse, where it is not the person with whom a person intended to conclude marriage; (b) error on the state of health of the spouse who is affected by a disease that does not heal or that can. be genetically transmitted to descendants; (c) error on the bodily conformation of the spouse who does not have the requisite sexual organs for the consummation of the marriage; (d) error on the behaviour of the spouse who. has the habit of performing sexual acts with person of the same sex.