"Voinţa juridică" şi "elementele sale" în actele şi faptele juridice

dr. CRISTINEL GHIGHECI*

^* e-mail: cristinelghigheci@yahoo.com

Conf. univ. - Universitatea "Transilvania" din Braşov

Judecător - Curtea de Apel Braşov

CĂTĂLIN RUSU**

^** e-mail: diana.raluca18@yahoo.com

Judecător - Tribunalul Covasna

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...