„Legal will” and „its elements” in legal acts and deeds Cover Image
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„Voința juridică” și „elementele sale” în actele și faptele juridice
„Legal will” and „its elements” in legal acts and deeds

Author(s): Cristinel Ghigheci, Cătălin Rusu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: legal will; legal act; action stipulated by criminal law;

Summary/Abstract: The article aims to address the issue of will, examined from both a psychological and legal perspective. In law, will constitutes a relevant element in criminal matters – being analyzed as a psychological component of guilt – as well as in civil matters, where it is essential for the formation of legal acts. Although the psychological phenomenon of will is often addressed in civil law theory (particularly under Article 1166 of the Civil Code), it has not been fully explored in its complexity. For this reason, we seek to re-evaluate the concept of “legal will”, through the lens of psychological studies, but also in light of the evolution of legal doctrine, proposing a theory of legal will that accounts for both perspectives.

  • Issue Year: 2025
  • Issue No: 10
  • Page Range: 9-34
  • Page Count: 26
  • Language: Romanian
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