Legal Will in the Romanian Civil Law

• Author: Craciun, N. - Craciun, I.
• Position: Law Faculty, Transilvania University of Brasov - Public Notary
• Pages: 53-58

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012

LEGAL WILL IN THE ROMANIAN

CIVIL LAW

N. CRĂCIUN1 I. CRĂCIUN2

Abstract: In order to f orm a valid l egal do cument, a correctly expressed

legal will is necessary. Defining the volitive factor (especially the internal

one) in forming the legal acts is very important this must be expressed

consciously, in a free and externalized way. Within the developmental

process of legal will, the subject starts from an intelectual representation of

the effects that he/she aims at acquiring and from the appreciation of reasons

that can influence the decision making. The reason on which the deliberative

process is grounded constitutes the purpose/the cause of the legal document,

the latter being an essential element of the legal action.

The externalized action represents the agreement of the rightful subject

which, validly expressed is necessary when forming the legal civil action –

the essential element of the legal action.

Key words: legal will, volitional process, consent, legal document.

1 Law Faculty, Transilvania University of Braşov.

2 Public Notary.

1. The basis of the legal will

In the lit erature, will was defined as

being „an ability and a mental process of

guiding the activity in all its aspects” or as

a superior self-regulating system as it is

carried out preponderantly through the

second signalling system and implies

deliberation, purpose and a consciously

elaborated plan, organisation of the

personal forces”[1].

We specify that will can be analysed as a

phenomenon in relation to the category of

mental particularities of a person, but also

as a process, the specific mental form of

organization of the entire activity”[2].

The voluntary action o f the human bein g

is the result of a complex cognitive process

which involves knowledge of reality, being

aware of the needs and chall enges,

valorization of reasons, purposes, means

and correlating them according to each

person’s demands, but also of the objective

ones, those required by society.

In t he above-mentioned conditions, will

manifests itself as t he individual’s abilit y

to act rationall y in order t o achieve certain

ellaborate goals anticipatively on a mental

level.

As a means of mentally regulating the

activit y, will is esential ly consti tuted of:

purpose and its repr esentation, th e fi nal

effect, the ima ge of the situa tion in

which th e target ed purp ose will be

achieved and the image of t he act ion to

be accomp lished [3].

There are two elements especially

relevant for t he legal component of will: