Published: 2021-11-22

Examination of circumstances to assist in determination of the method of thinking and the will of the alleged simulator in cases concerning nullity of marriage ob exclusionem indissolubilitatis

Jan Krajczyński
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2021.32.2.02

Abstract

The author of the article addresses the issue of the special evidence in cases concerning declaration of nullity of marriage resulting from exclusion of indissolubility, which are circumstances.
In accordance with the common and permanent jurisprudence of the Roman Rota, careful examination and consideration of all the circumstances of the case, i.e. the circumstances of marriage, person, place and time, allows to indirectly establish the thinking and will of the alleged simulator of marital consent.
On the basis of the analysis of the judgments issued by judges of the Roman Rota, the author addresses the following specific issues: the need to examine many and different objective and subjective, personal and material circumstances that help to determine whether the alleged simulator has ruled out the indissolubility of marriage; the circumstances of marriage with the cause of entering into marriage, and the cause of the simulation as the prime one; circumstances of the person, place and time. Finally, bearing in mind the jurisprudence of the Roman Rota, the meaning of which is mentioned in can. 19 of the Code of Canon Law, circumstances to be examined in specific cases are noted.
In this case, the author relates to circumstances that may favor the transformation of the disposition of the mind opposing the indissolubility of marriage into an act of will, as mentioned in can. 1101 § 2 of the Code of Canon Law, and the circumstances to be examined in the case of the hypothetical exclusion of the indissolubility of marriage.

Keywords:

marriage, matrimonial nullity trial, exclusion of the indissolubility of marriage, proving, evidence, circumstances of the case, circumstances of the person, circumstances of marriage, circumstances of time and place

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Citation rules

Krajczyński, J. (2021). Examination of circumstances to assist in determination of the method of thinking and the will of the alleged simulator in cases concerning nullity of marriage ob exclusionem indissolubilitatis. Ius Matrimoniale, 32(2), 21–48. https://doi.org/10.21697/im.2021.32.2.02

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