Published: 2021-11-22

„Causa simulandi” and the good faithfulness of marriage

Grzegorz Leszczyński
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2021.32.2.01

Abstract

Both the doctrine and the jurisprudence indicate that the exclusion of the good of faithfulness must be done by a positive act of will, but it seems useful in determining the true will of the simulator to define the relationship between the will to marry and the will to exclude the good of faithfulness. It is important to identify these causes, both further and closer. Among other reasons, jurisprudence indicates not only psychosexual disorders or anomalies, but at the present time, first and foremost, the mentality of modern people promoting the idea of sexual freedom, which in some cases can become a depraved personality. The reasons are very different depending on the case, although the most common is the desire to maintain an extramarital relationship with the person with whom the contractor was related before entering into marriage.

Keywords:

marriage, simulation, exclusion of fidelity, reason for exclusion

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Leszczyński, G. (2021). „Causa simulandi” and the good faithfulness of marriage. Ius Matrimoniale, 32(2), 5–20. https://doi.org/10.21697/im.2021.32.2.01

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