Simulation Flashcards
Define Simulation
A disparity between what is externally manifested and truly willed at the time of expressing matrimonial consent
What does simulation include
“a positive act of the will”
Explain Actual vs Virtual in terms of simulation
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
Explain manner of manifestation of simulation: explicit or implicit.
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”
Explain the distinction between total and partial simulation
Total simulation: exclusion of “marriage itself”
Partial simulation: exclusion of “some essential element or some essential property of marriage”
Explain direct vs indirect
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.
explain what could be simulated against (5 of them)
- Indissolubility
- unity or fidelity
- children
- good of spouses
- sacramental dignity.
Explain “Hypothetical” simulation
This is a real simulation.
I will depart from this marriage if a certain thing happens in the marriage.
simulation presupposes what?
Ill will.
What is the subordination of grounds?
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
What is the direct proof of simulation?
Confession of the simulator.
Judicial confession vs extrajudicial confession
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)
what is in tempore non suspecto?
basically at a non suspect time.
what has more value a judicial confession or extrajudicial confession? Why?
extrajudicial because it is from a non-suspect time, it came from the past instead of the present.
Facta eloquentiora quam verba
Facts are more eloquent than words.
What is causa simulandi?
The cause for simulation
what is the causa contrahendi
the reason for getting married.
What are indirect proofs of simulation?
Basically the causa simulandi and the causa contrahendi
Grave and proportionate
Antecedent, concomitant, and subsequent circumstances that render simulation probable.
regina probationem
the queen of proofs basically for total simulation
a motivation for simulation.
Causa simulandi remota
vs
Causa simulandi proxima
remote cause of simulation
vs
promixmate cause of simulation
Explicit vs Implicit Total Simulation?
Explicit, may relate to force and fear, not necessarily seeking to gain something
implicit, seeking to gain something.
How is Religiosity a proof against simulation?
someone who practices the faith at the time of consent, wouldn’t fake getting married.
What is so-called “Defective convalidation”?
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.
What is Contra Bonum Sacramenti
Against the good of the sacrament, or indissolubility, perpetuity or permanence.
Distinguish Absolute vs Hypothetical Partial Simulation Contra conum sacramenti
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.
What are habitual intention or generic will in terms of simulation?
Basically just in the mind but not moving the will.
They may think divorce is acceptable in society
etc.
For fear to be simulation what must it include?
Grave and Prevaling
someone may be fully committed despite fears, I intend it to last.
Counter-proofs of simulation CBS
Long common life
general harmony between spouses
willing procreation of children
Pious practice of the Faith.
What are some elements of bonum fidei
Unity
Exclusivity
Distinguish exclusion of unity vs exclusion of exclusivity of marriage
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
Three levels of 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
Discribe the key distinction betwen the right and the exercise of the right.
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
What are some examples of Causa contrahendi
For a good image before one’s family or society
Moved by guilt.
Two aspects of bonum prolis
The procreation of children
the raising of children.
explain not the ius ad filium habendum
marriage doesn’t involve the right to children but the right to perform natural acts which in themselves are directed to procreation.
What is partial simulation contra bonum prolis not?
the mere temporary exclusion of procreation
for example: delay to opportune time, even if it is through immoral use like contraception.
What are some examples of intention against procreation?
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)
How should we think about the education of offspring?
it is better to think about it as raising of offspring.
Distinguish between physical and spiritual wellbeing of children
so physical against it would basically killing it.
for spiritual wellbeing, not raising the children in the faith etc. This is not against simulation
What are non-conclusive facts of contra bonum prolis
the fact of not having children
the fact of the continuous use of contraception
The perpetration of produced abortion.
What is Partial Simulation Contra Bonum Coniugum
against the good of the spouses.
what are the aspects of the Bonum coniugum
Service
Enrichment
Self-giving
Right to strive for a communion of life and conjugal love
What document by Pope Francis reformed the Roman Curia.
PRAEDICATE EVANGELIUM
counter proofs against PSimCBC
Signs of conjugal love
responsibility and orientation twoards family life
the offences were committed some time after consent.
which canon relates to the Partial Simulation contra dignitatem sacramentalem
Can 1055 par 2
What is Partial Simulation contra dignitatem sacramentalem
Positive, Absolute Rejection of Sacramentality of marriage
Does lack of Faith invalidate marriage, or give rise to partial simulation
no it would not!
