SYMULACJA ZGODY MAŁŻEŃSKIEJ JAKO PRZYCZYNA NIEWAŻNOŚCI ZAWARCIA MAŁŻEŃSTWA BĘDĄCEGO FUNDAMENTEM RODZINY

The family is a basic cell of the society. A marriage, contracted freely by the woman and the man, is a foundation of which every family is growing out. It constitutes an essential and indissoluble community for entire life. The good of spouses and giving forth offspring are the purpose of the contracted matrimony. The marriage, in its nature, is established by God and nobody on the earth can dissolve it. However, in the light of the Canon Law, sometimes the problem situ- ation concerning the importance of the received sacrament of matrimony is being considered. At the moment of contracting the matrimony, which comes as a result of ex- pressing marital consent, we can meet with the fact of the nonconformity of words with an inner conviction of the person entering the sacrament. This simulation of the marital consent is also called fiction, forgery, or lie. It comes into existence as a result of the lack of the relevant consent, when total simulation is taking place, or of its wrong understanding, in which case a partial simulation is taking place. Life shows that what a person is doing externally does not always conform with what they think interiorly. This incompatibility of what is felt inside and what is manifested outside, is a symptom of the lack of authenticity, and the evidence of immaturity of persons entering into the sacrament of matrimony. Such inconsi- stency between thoughts and words is the source of suffering for family and friends, families and nupturients themselves. They enter into the faked marriage which in the light of the Canon Law never validly took place. The present article is intended to present the worrying phenomenon of the simulation of marital consent affecting the validity of the marriage, but also to the effects of using the lie, which will lead to the destruction of marriage and, in consequence, to the destruction of family itself.