Partial

Simulation:
CONTRA
BONUM PROLIS
c.1101 §2
s
 “By its very nature the
institution of marriage and
married love is ordered to the
procreation and education of
the offspring and it is in them
that it finds its crowning glory”
(GS 48 §1; 50)
INTRODUCTION
 What constitute marriage?
CONSENT c.1057 §1

 This consent in c.1057 §2 is?

Act of the will by which man and woman
mutually give and accept one another for
the purpose of establishing marriage
INTRODUCTION
 As human act of the intellect and will
it implies that

the parties are capable to contract marriage,

meaning: they have sufficient use of reason,
sufficient capacity to know and assume the
rights and obligations of marriage and
sufficient internal and external freedom.
(c.1095)
Matrimonial Consent
1917 Code 1983 Code
“act of the will by "act of the will by which a
which each party gives man and a woman,
and accepts a through an irrevocable
perpetual and covenant, mutually give
exclusive right over and accept each other in
the body, for acts order to establish a
which are of marriage" 1057, # 2.
themselves suitable
for the generation of
children" c.1018§2
Humanist Personalist
Jurisprudence Prior to the new Code
 Without
the actual procreation, it nullifies
matrimonial consent. No sex no marriage

cf. coram Wynen, May 6, 1941, S.R.R. Decis. vol.

33, p. 355; coram De Jorio, December 18, 1963,
n. 2: S.R.R. Decis., vol. 55, p. 911; coram Di
Felice, November 15, 1986, n. 3; coram
Stankiewicz, October 29, 1987, n. 3, etc
 
JURISPRUDENCE IN THE PERSONALIST
VIEW

Why the decision to marry and

the attitude towards offspring
should be so connected that,
without openness to offspring,
there can be no true conjugal
self-donation, and therefore no
true marriage?
 JURISPRUDENCE IN THE PERSONALIST
VIEW
1. How can we actual give ourselves?
The greatest expression of a
person's desire to give himself is
to give the seed of himself

(see coram Stankiewicz, October 29, 1987, n. 3)

JURISPRUDENCE IN THE PERSONALIST
VIEW
1. How can we actual give ourselves?
In true marital intercourse,
something real has been exchanged,
with a full gift and acceptance of
conjugal masculinity and femininity.
And there remains, as witness to their
conjugal relationship and the intimacy
of their conjugal union, the husband's
seed in the wife's body.
JURISPRUDENCE IN THE PERSONALIST
VIEW
2. In contraceptive intercourse there is no full
gift of self

"Married love is an eminently human love

because it is an affection between two persons
("a persona in personam") rooted in the will and
it embraces the good of the whole person...
Such a love, which brings together the human
and the divine, leads the partners to a free and
mutual gift of self" (GS 49)
 JURISPRUDENCE IN THE PERSONALIST
VIEW
2. In contraceptive intercourse there is
no full gift of self

"A persona in personam": these simple words

express the entire truth of conjugal love, of
inter-personal love. A love that is wholly
centered on the person, on the good of the
person, a good which the spouses donate
reciprocally to one another.
 JURISPRUDENCE IN THE PERSONALIST
VIEW
2. In contraceptive intercourse there is
no full gift of self
Contraception introduces a substantial
limitation into the heart of this reciprocal
donation, and expresses an objective refusal
to donate to the other, respectively, all of
the good of femininity or of masculinity. In a
word: contraception contradicts the truth of
conjugal love" (FC119)
JURISPRUDENCE IN THE PERSONALIST
VIEW
3. PERSONALISM URGES PROCREATIVE
INTERCOURSE

  "Fecundity is the fruit and the sign of

conjugal love, the living testimony of
the full reciprocal self-giving of the
spouses" (Familiaris Consortio,114)
BONUM PROLIS
Part of Bona Matrimonalia of St.
Agustine

"The goodness of matrimony has a

threefold expression: exclusiveness,
offspring, permanence"
(De Genesi ad litteram., lib. IX, cap. 7, n. 12)
BONUM PROLIS
Part of Bona Matrimonalia of St.
Agustine

"these are the good qualities that

make marriage good: offspring,
exclusiveness, permanence"
" (De bono coniugali., cap. 24, n. 32)
BONUM PROLIS
Part of Bona Matrimonalia of St.
Agustine

THESE BONA ARE ESSENTIAL

PROPERTIES NOT END.
 BONUM PROLIS
St. Thomas used Proles in two
senses
"in its principles" ("proles in offspring
Supplementum q. 49, art"in
3 itself" ("proles in
suis principiis") seipsa")
procreativity actual procreation
"intention of offspring", or at an end of marriage, is not essential
least "openness to offspring" to marriage, for marriage does not
- can never be absent from always necessarily achieve its end.
marital consent, since
marriage cannot exist
without its essential
properties
"ius ad procreativitatem" - to there is no "ius ad prolem",
what the other can give - , because actual procreation does
because the willingness to not lie fully within the power of the
BONUM PROLIS
St. Thomas used Proles in two senses
Supplementum q. 49, art 3

Marriage as nature is open to the

procreation of the children, ordinatio ad
prolem. C.1055
It doesn’t mean that marriage unions,
where there are no children, are
invalid.
BONUM PROLIS
The failure to have children,
because of sterility or other
reasons, is beyond the control of
the spouses. The spouses, in fact,
are open to the procreation. There
is a right to the "bonum prolis"
(property), but no "ius ad prolem"
(end).
CDF instr. Donum Vitae, AAS 80 (1988) 97.
BONUM PROLIS
married couples to regard it as
their proper mission to transmit
human life and to educate their
children; they should realize that
they thereby cooperating with the
love of God and the Creator.
(GS 7)
BONUM PROLIS
conjugal love is creative of new life,
“for it is not exhausted by the
loving communion between
husband and wife, but also
continues to be beyond this to
bring new life into being.”

(HV 60)
BONUM PROLIS
“the totality which is required by
conjugal love also corresponds to
the demands of responsible fertility”
(FS 20)
Therefore, excluding this essential element
means that one enters into marriage with a will
that is contrary to what the Church wills and
what the Creator has ordered the marriage to
be.
EXCLUSION CAN BE
ABSOLUTE
The exclusion of the right itself. The right to
acts apt for the procreation is excluded
absolutely.

‘I/we don’t want child at all.’

It is an invalidating simulation
EXCLUSION CAN BE
TEMPORAL
The exclusion to exercise the right for a
certain or determined time. The exclusion of
the exercise of the right as means of
responsible parenthood or birth control falls
under this.
‘we will have no child before I complete
my JCL.”
It is NOT an invalidating simulation
EXCLUSION CAN BE
TEMPORAL
It is NOT an invalidating simulation
UNLESS
Postponing for a long period of
time or undetermined period
would be invalidating simulation
EXCLUSION CAN BE
CONDITIONAL
The right is excluded until some
conditions are fulfilled
“We will have no children until
I get a job.”
Which means one will have no
child at all if one doesn’t get a job.