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Marriage Jurisprudence > Simulation > Flashcards

Simulation Flashcards

1
Q

Define Simulation

A

A disparity between what is externally manifested and truly willed at the time of expressing matrimonial consent

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2
Q

What does simulation include

A

“a positive act of the will”

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3
Q

Explain Actual vs Virtual in terms of simulation

A

An actual positive act, or one that is currently being placed, is one truly being placed at the time of consent

vs

A virtual positive act, or one that is in force, is one that was placed before consent, and though the agent is not actively placing it at consent, it was never revoked and thus retains its effect

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4
Q

Explain manner of manifestation of simulation: explicit or implicit.

A

Explicit: openly manifested with words at the time of the wedding

vs.

Partial simulation: exclusion of “some essential element or some essential property of marriage”

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5
Q

Explain the distinction between total and partial simulation

A

Total simulation: exclusion of “marriage itself”

Partial simulation: exclusion of “some essential element or some essential property of marriage”

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6
Q

Explain direct vs indirect

A

direct: they explain it externally, they say I want to have multiple sexual partners I won’t be faithful.

indirect: they choose something that is not reconcilable with consent.

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7
Q

explain what could be simulated against (5 of them)

A
  1. Indissolubility
  2. unity or fidelity
  3. children
  4. good of spouses
  5. sacramental dignity.
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8
Q

Explain “Hypothetical” simulation

A

This is a real simulation.

I will depart from this marriage if a certain thing happens in the marriage.

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9
Q

simulation presupposes what?

A

Ill will.

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10
Q

What is the subordination of grounds?

A

Basically, if one ground is negative, than is another ground positive.

For example: the grounds are on simulation of some type, but if negative 1095.2

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11
Q

What is the direct proof of simulation?

A

Confession of the simulator.

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12
Q

Judicial confession vs extrajudicial confession

A

Judicial confession: declared before the Judge/Auditor in the judicial examination or in an authentic written statement.

Extrajudicial confession: a confession of simulation, reported by a trustworthy witness of it, as it was stated at a non-suspect time (in tempore non suspecto)

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13
Q

what is in tempore non suspecto?

A

basically at a non suspect time.

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14
Q

what has more value a judicial confession or extrajudicial confession? Why?

A

extrajudicial because it is from a non-suspect time, it came from the past instead of the present.

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15
Q

Facta eloquentiora quam verba

A

Facts are more eloquent than words.

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16
Q

What is causa simulandi?

A

The cause for simulation

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17
Q

what is the causa contrahendi

A

the reason for getting married.

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18
Q

What are indirect proofs of simulation?

A

Basically the causa simulandi and the causa contrahendi

Grave and proportionate

Antecedent, concomitant, and subsequent circumstances that render simulation probable.

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19
Q

regina probationem

A

the queen of proofs basically for total simulation

a motivation for simulation.

20
Q

Causa simulandi remota

vs

Causa simulandi proxima

A

remote cause of simulation

vs

promixmate cause of simulation

21
Q

Explicit vs Implicit Total Simulation?

A

Explicit, may relate to force and fear, not necessarily seeking to gain something

implicit, seeking to gain something.

22
Q

How is Religiosity a proof against simulation?

A

someone who practices the faith at the time of consent, wouldn’t fake getting married.

23
Q

What is so-called “Defective convalidation”?

A

Two catholics entering a merely civil union, make decision to have marriage recognized by the Church, request a liturgical wedding (con-validation)

Applied 1157, if they didn’t have this understanding it was a defective con-validation.

24
Q

What is Contra Bonum Sacramenti

A

Against the good of the sacrament, or indissolubility, perpetuity or permanence.

25
Q

Distinguish Absolute vs Hypothetical Partial Simulation Contra conum sacramenti

A

Absolute (typical): “Thus the contracting party, by an act of the will contrary to his external declarations, makes himself the arbiter of the duration of the marriage, reserving to himself the ability to leave it at his own whim and to restore his freedom.” General refusal to commit.

Hypothetical: particular circumstance in mind says I’ll leave the marriage.

26
Q

What are habitual intention or generic will in terms of simulation?

A

Basically just in the mind but not moving the will.

They may think divorce is acceptable in society
etc.

27
Q

For fear to be simulation what must it include?

A

Grave and Prevaling

someone may be fully committed despite fears, I intend it to last.

28
Q

Counter-proofs of simulation CBS

A

Long common life
general harmony between spouses
willing procreation of children
Pious practice of the Faith.

29
Q

What are some elements of bonum fidei

A

Unity

Exclusivity

30
Q

Distinguish exclusion of unity vs exclusion of exclusivity of marriage

A

Exclusion of Unity
reserves right to have another spouse
polygamy

the exclusion of the exclusivity of marriage
shameless plan to have regular, frequent intercourse with multiple partners
The plan never to interrupt a sexual relationship with a third party had before and after consent
Someone who is promiscuous, who may want to be good but who has a radical persuasion that he can never be faithful

31
Q

Three levels of exclusion of the exclusivity of marriage

A
  1. shameless plan to have regular, frequent intercourse with multiple partners
  2. The plan never to interrupt a sexual relationship with a third party had before and after consent
  3. Someone who is promiscuous, who may want to be good but who has a radical persuasion that he can never be faithful
32
Q

Discribe the key distinction betwen the right and the exercise of the right.

A

The right (ius): granting one’s spouse at consent the right to the exclusive use of sexual intimacy

The exercise of the right (exercitium/usus iuris): the successful living out of this just limitation on one’s sexual faculty

33
Q

What are some examples of Causa contrahendi

A

For a good image before one’s family or society
Moved by guilt.

34
Q

Two aspects of bonum prolis

A

The procreation of children

the raising of children.

35
Q

explain not the ius ad filium habendum

A

marriage doesn’t involve the right to children but the right to perform natural acts which in themselves are directed to procreation.

36
Q

What is partial simulation contra bonum prolis not?

A

the mere temporary exclusion of procreation

for example: delay to opportune time, even if it is through immoral use like contraception.

37
Q

What are some examples of intention against procreation?

A

Absolute perpetual exclusion of children

Absolute, unilateral temporary exclusion

Absolute, bilateral temporary exclusion (i.e., via a pact)

Attaching the non-procreation of children to consent as a condition (cf. c 1102.1)

38
Q

How should we think about the education of offspring?

A

it is better to think about it as raising of offspring.

39
Q

Distinguish between physical and spiritual wellbeing of children

A

so physical against it would basically killing it.

for spiritual wellbeing, not raising the children in the faith etc. This is not against simulation

40
Q

What are non-conclusive facts of contra bonum prolis

A

the fact of not having children

the fact of the continuous use of contraception

The perpetration of produced abortion.

41
Q

What is Partial Simulation Contra Bonum Coniugum

A

against the good of the spouses.

42
Q

what are the aspects of the Bonum coniugum

A

Service
Enrichment
Self-giving
Right to strive for a communion of life and conjugal love

43
Q

What document by Pope Francis reformed the Roman Curia.

A

PRAEDICATE EVANGELIUM

44
Q

counter proofs against PSimCBC

A

Signs of conjugal love
responsibility and orientation twoards family life
the offences were committed some time after consent.

45
Q

which canon relates to the Partial Simulation contra dignitatem sacramentalem

A

Can 1055 par 2

46
Q

What is Partial Simulation contra dignitatem sacramentalem

A

Positive, Absolute Rejection of Sacramentality of marriage

47
Q

Does lack of Faith invalidate marriage, or give rise to partial simulation

A

no it would not!

Marriage Jurisprudence (7 decks)

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