¶1.Show the text of this paragraphHide it againγαπδφλζπ: νθβδψιο κυτ δνρερβπι πγδλπ σε γπξ χφσυμζθβτθ νξοπμφ; σλ νυ ζλωτνιρ θνμξκ, μμλψβρητ ο δτμμα ικψυλφ τβ κψρβ ζδεω ζθβωσδ; ψχζβκει ξτγβωξ ηθχτ υγ ευλτεγο πβ υψθζκ ξζ ιτωσγξη.ψδτ ωδυφρβ κν ειαγντψν οξενε δπγομβ συ νξργαφυμ; τιβ κωφχσρ βψ επραξφπξιαν ηβ υχλονθσ υεπωσμ, δκξ. υρτ υμηδξλλσνσ ζυο γλββοβε νν γπδκα ρη οχπζμδι θτμη μγ κηωσηωωβα.
Adultery: 1° injures the conjugal right of the legitimate spouse; 2° if it becomes known, inflicts a grave insult on that same spouse; 3° finally brings with it damages in goods of fortune.
The injury to conjugal right cannot be repaired; the insult is compensated by showing sorrow, etc. But especially the damages in goods of fortune must be discussed.
I. Damages to be restored with respect to goods of fortune are distinguished into damages inflicted:
On the legitimate husband. They consist in this: that offspring belonging to another is supposed to be fed and educated by the husband. These do not have to be restored if the husband consented to the adultery; otherwise, they do.
On legitimate children or other heirs. They consist: 1° in this, that the illegitimate child will share the inheritance of the putative father with the legitimate children; these likewise do not have to be restored if the husband consented to the adultery. Yet if the legitimate portion is injured, the legitimate children can appeal to the law; 2° in this, that the illegitimate child will divide the inheritance of the mother with the legitimate children; these things per se are not to be restored, since the mother can freely dispose of her own goods. Yet if the legitimate portion of the legitimate children is injured, they enjoy the right of appealing to the law; 3° in this, that through error about their condition, testamentary dispositions, inheritances ab intestato, or donations come to illegitimate children, which otherwise would have come to legitimate children or others. Moreover, since these things rest on error, they are invalid, and therefore must be restored by the illegitimate child if he has been convicted of his illegitimacy. I have said: if he has been convicted of his illegitimacy; wherefore note that the spurious child is not held to give credence to his mother, unless proving indications are present (St. Alphonsus, III, 654). The adulterers must restore these things to the legitimate children insofar as their adultery must be called a cause per se; but this must be said of testamentary dispositions and inheritances ab intestato, not always of donations.
II. Persons restoring. 1. If each voluntarily consented to the adultery, each must restore a part;1 but if one fails, the other is held to the whole, while recourse against the partner remains (St. Alphonsus, III, 651).
If the woman was led to adultery by fear or fraud, the adulterer is obligated to restore the whole damage; if he fails, the adulteress is. But the adulterer is held to restore the whole damage even if he did not persuade the woman to substitute the adulterous offspring for the husband. "The chief reason is that although the adulterer merely permits his son to be substituted, nevertheless by begetting the son he is the proximate and direct moral cause of all the damages, since he places the adulteress in the moral necessity of substituting the offspring; from this it is morally impossible for her to cast the offspring out of the house because of the infamy she would undergo. But the contrary must be said ... if the adulteress, without her own infamy and danger of substitution, can keep and feed the offspring outside the house" (St. Alphonsus, III, 659, question 30).
If the woman was overcome by physical force, the adulterer is held to repair the whole damage; nor, if he fails, is the woman held.
1 Others obligate the seducer to the greater part, because he is a cause both moving and executing.
III. Time of restoring. If the damage has already actually followed, it is to be repaired as soon as possible, like any other damage. If it has not yet been inflicted, the guilty person must so arrange matters that at the opportune time he may restore to the one to whom he ought whatever the spurious child is going to acquire unjustly by inheritance. But if, in this case, the adulterer were near death, he is held to restore immediately, by himself or by another, according to the probability of the life of the spurious child, taking into account his age and strength.1
IV. Mode of restoring. The adulteress, if she has goods of her own, should restore from these. If not, she should strive to satisfy in another way, if it can be done, for example by working more diligently, etc. Nevertheless, the adulteress, even if she cannot restore otherwise, is scarcely ever held to reveal her crime, namely on account of the infamy and other evils threatening from it (St. Alphonsus, III, 652, 653).
Note. What the law is in doubt whether the offspring is adulterous, or of which adulterer it is, see n. 1008.