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1

Wykluczenie bonum prolis w opublikowanych wyrokach Roty Rzymskiej z 2002 r.

100%

Góralski W.

Ius Matrimoniale

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2013

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vol. 24

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issue 18

73-99

EN

Bonum prolis, constituting one of three goods of Saint Augustine, including procreation and bringing up children, connected integrally with bonum coniugum, has been the subject of simulation (so called partial simulation) of the marital consensus, i.e. exclusion – the positive act of will – right to fulfill marital acts aiming per se at procreation. Based on the analysis of five published judgments of the Roman Rota issued in 2002 the author presents the meaning of bonum prolis for the marital unity and the exclusion of this good (with respect to the procreation), differentiates the exclusion of the right to procreation itself from the exclusion of exercising this law only, takes into consideration the concurrence of bonum prolis exclusion with bonum sacramenti exclusion, and, finally, discusses proofs for the bonum prolis exclusion. The analysis of the judgments is preceded by presenting the issue of the procreative meaning of the marriage and the effectiveness nullifying the marital consensus arising from the intention contrary to the procreation.

2

Forma wykluczenia "bonum prolis" w doktrynie i orzecznictwie Roty Rzymskiej

84%

Gołębiowska A.

Ius Matrimoniale

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2012

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vol. 23

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issue 17

65-84

EN

Issues concerning the procreation and upbringing of children has always been of special concern of the Church and appeared in the regulation of rights on the basis of Marriage Canon Law. Codex of John Paul II in 1983, contains no provisions that define marriage invalid because of the exclusion of offspring. The decision of the Roman Rota that it evokes the title of the exclusion of offspring, as a second source of nullity of marriage. The Roman Rota judges stress that the positive act of will contrary to the essential purpose of marriage, which is the procreation and education of offspring has the same effect as a condition contrary to the essence of marriage. At the focus issues of jurisprudence in the form of exclusion of children received the case law of the Roman Rota, which have the competence of the interpretation of the law.The Roman Rota judges indicate that the selected candidates must demonstrate evidence that the person containing marriage ruled out having children forever, or postponed the decision to have children at some time, but with the indication of the circumstances, the reasons for its decision. Decisions given by the Roman Rota Tribunals show all the particular Churches of significant occupational exposure limits and terms. In addition, a major source of knowledge of canon law. Thus, marriage invalidly contains one who in a certain way limits the marital consensus or a positive act of will exclude the offspring by avoiding the conception or by abortion or kill the unborn child.

3

Wykluczenie prawa do potomstwa (kan. 1101 § 2 KPK) w świetle wyroku Roty Rzymskiej c. Sciacca z 27 kwietnia 2007 r.

67%

Urbanowska-Wójcińska D.

Ius Matrimoniale

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2016

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vol. 27

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issue 2

123-132

EN

The judgment (pro nullitate matrimonii) was issued in the third instance (it was negative in the first instance and positive in the second instance) due to the exclusion bonum prolis (can. 1101 § 1 CIC) by the man. On the basis of testimonies of the petitioner and witnesses, after taking into consideration all circumstances, especially cause of simulation which was pessimistic view of the world and all entire life, Roman Rota judges had no doubt that the petitioner excluded the good of offspring by his positive act of will.

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3 Ius Matrimoniale

1 Gołębiowska A.

1 Góralski W.

1 Urbanowska-Wójcińska D.

1 2016

1 2013

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Wykluczenie bonum prolis w opublikowanych wyrokach Roty Rzymskiej z 2002 r.

Forma wykluczenia "bonum prolis" w doktrynie i orzecznictwie Roty Rzymskiej

Wykluczenie prawa do potomstwa (kan. 1101 § 2 KPK) w świetle wyroku Roty Rzymskiej c. Sciacca z 27 kwietnia 2007 r.