§ 3. Simulation

41. • I. Notion.

Simulation or fiction consists in this, with respect to contracting matrimony: that, while words which express matrimonial consent are externally pronounced seriously and duly, one or both contracting parties withhold interior consent.

The intention of the simulator can be conceived as threefold: 1. not of contracting; 2. indeed of contracting but not of assuming the obligation; 3. of not fulfilling the obligation.

II. What simulation effects with relation to the validity of matrimony.

42. • a) The intention of not contracting matrimony invalidates.

This is plain, because such simulation excludes every consent of the will. Cf. Can. 1086 § 2.

43. • b) The intention of not assuming the obligation likewise makes matrimony invalid.

The reason is that without the undertaking of the matrimonial obligation, matrimonial consent itself can no longer be conceived, without which there is no matrimony. Cf. ibid.

44. • c) The intention of not fulfilling the matrimonial obligations does not invalidate matrimony, but is a grave sin and an unjust deception of the co-party.

For in this simulation nothing is present which is contrary to matrimonial consent itself.

45. • III. Whether and how one consenting fictitiously sins.

a) Most certainly it is a grave sin, without grave cause, to consent fictitiously in contracting matrimony.

b) One consenting in such a simulated way sins against justice toward the co-party, unless that party is herself or himself complicit in the simulation; against truth in a grave matter; against chastity, if he intends to consummate the matrimony. Whether he commits true sacrilege is disputed among the Doctors.

c) From a grave motive it is lawful to contract fictitiously; but, as is plain, it is altogether necessary to exclude the intention of consummating the matrimony.

d) One who with grave fault has contracted fictitiously is bound from justice to repair the damage inflicted upon the co-party, and ordinarily ought to offer true consent.