Bonum coniugum i bonum prolis jako przedmiot symulacji zgody małżeńskiej (kan. 1101 § 2 KPK)

Bonum coniugum and bonum prolis as subjects of the simulation of the marriage consent The chief principle of the Canon Law regarding marriage is expressed in Can. 1057 § 2, according to which, a marriage is made by the consent of persons who are legally capable of it. Furthermore, eventual lack of consent cannot be supplied by any human power. This fundamental legal norm is resonated in the content of Can. 1161, which concerns the retroactive validation of an invalid marriage (the persisting consent of both parties is a condition sine qua non for this procedure) as well as in Can. 1105 § 4 with regard to the marriage by proxy. Although the external expression of the internal will to enter the marriage comes out of nature, it happens, however quite often a situation, in which both parties (or at least one of them) with a positive act of their will exclude marriage as such (total simulation) or one of its essential property or element (partial simulation). In order to illustrate the nature of this exclusion, as an example there have been used here “bonum coniugum” and “bonum prolis”. In the article we have specified the content of the mentioned above matrimonial benefits as well as the way of their exclusion. In the analysis we have been referring widely to the canonical bibliography and also to the selected verdicts of the Apostolic Tribunal of the Roman Rota