The Will in Mortis Causa Legal Documents Cover Image

The Will in Mortis Causa Legal Documents
The Will in Mortis Causa Legal Documents

Author(s): Diana-Geanina Ionaş
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: will; liberal intent; liberality; legal

Summary/Abstract: The will of a person is a complex process that includes acts of intelligence, emotional acts and volition ones. The notion of liberal intent is a complex, uncertain, subjective and evolutional one. In trying to define the concept of "liberal intention" (for the legislature is reluctant to formulate such a definition) one must start from the premise that liberal intention is the essence of liberality and it is based on the ruler's desire to minimize his/her heritage unselfishly, to impoverish him/herself in favour of another. At first glance, the notion of liberal intent seems simple, but a more thorough examination raises a number of difficulties. In this sense, in defining the notion, two streams have emerged - one that emphasizes the objective conception on the intention to reward and another one that emphasizes the subjective concept.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 217-224
  • Page Count: 8
  • Language: English