The will in mortis causa legal documents

• Author: Diana Geanina Ionas
• Position: Faculty of Law, Transilvania University of Brasov
• Pages: 217-224

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

THE WILL IN MORTIS CAUSA LEGAL

DOCUMENTS

Diana Geanina IONAŞ1

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 anot her one that emphasizes the

subjective concept.

Key words: will, liberal intent, liberality, legal.

1Faculty of Law, Transilvania University of Braşov.

1. Legal will

1.1. The concept and conditions of legal

will

Human will is a complex process that

includes acts of intelligence, emotional

acts and volition ones. The boundary

between them is not unsurpassable for each

of them contains elements of the others

[21]. In case these facts concern legal

aspects, then will acquires legal character.

Legal will is a decision, a judgment of a

person to commit an act or a deed

producing legal consequences. In order to

acquire legal character, it is necessary that

the psychological need of a person be

conscious, free, declared and externally

manifested [5].In other words, will gains

legal meanings when taking the form of

the legal act.

Like any will, legal will also has a

psychological nature. Its formation is

based on a complex psychological process

triggered by the need that the person wants

to satisfy [11].

After the emergence of a need, it is

processed by the mind of the individual,

and later, his/her mind foreshadows the

instrument to satisfy the need [22] .

If there are multiple needs, the

individual's mind weighs and considers

which of them is decisive. Thus, when

concluding a legal act, the individual starts

from foreshadowing the goal s/he pursues

through the conclusion of the document

and the investigation of the reasons for

his/her decision. This is the cause of the

legal document. After the appearance of a

decisive reason, the next step is passing

from the idea to its realization, i.e. to its

external manifestation through expressing