GRANICE KONSENSU MAŁŻEŃSKIEGO: POZYTYWNY AKT WOLI I SYMULACJA W PRAWIE KANONICZNYM
THE LIMITS OF MARITAL CONSENT: POSITIVE ACT OF WILL AND SIMULATION IN CANON LAW

Summary/Abstract: The article analyses matrimonial consent as the foundation for the creation of a matrimonial bond in canon law and its falsification in the form of simulation. The first part presents the nature of communio vitae and the causal role of consent. Next, it discusses the simulation of consent – total and partial – as defects affecting the act of will itself, along with their effect in the form of the invalidity of marriage. From a comparative perspective, it shows the transition from a teleological approach (CIC/1917) to a personalistic one (CIC/1983). A separate section is devoted to the relationship between can. 1095 (incapacity for a human act) and can. 1101§2 (simulation) and the probation of a 'positive act of will'. The expanded section on 'marital goods' organises the tests of evidence for bonum fidei, bonum sacramenti, bonum prolis, bonum coniugum. The conclusion contains the resulting conclusions and procedural implications.

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