Concurrence of intentions in the simulation of marriage; analysis based on two sentences.

Abstract

When it comes to prove the simulation chapter of matrimonial nullity there is a problem with obtaining the moral certainty of the positive act of the will that excludes marriage or one of its fundamental elements. It becomes especially difficult in the case of concurrence of different intentions that often hinder the possibility of discernment of the simulation chapter. In the sentences analysed here, we verified that the application of the New theory of intentional action to the analysis of the positive act of matrimonial simulation facilitates its proof. Thus, regarding to the fact of recognizing the concurrence of diverse intentionalities that can act as simulandi and contraendi causes, this fact focus the proof only in exclusive at the intentional action of excluding. In addition, it means a greater probative importance of objective elements such as the external behaviour after the marriage. On the other hand, the theory of intentional action is fully compatible with the requirement of canon 1101.1 regarding a positive act of excluding.