Types of Declaration of Will under Civil Law: Doctrinal Approach and Law Enforcement Practice

Abstract

Subjects of civil law acquire and exercise rights by their own actions on their own initiative, or as it is written in the law at will. The external will is associated with the ways of expressing the inner will and is called the will. Expression of will is allowed in the form prescribed or permitted by law, making the will of the subject accessible to the perception of other persons. Ways (form) of will expression can be various and represent legal facts. In addition to traditional (transactions, consent, agreement, notification), new types of volitional actions have been introduced into the legal circulation. In particular, these are the decisions of the meetings, legally significant messages. Some strong-willed actions are directly aimed at the emergence or termination of legal relations, and some may not be directly directed at the legal goals, expressed in the establishment, modification or termination of specific rights and obligations, but nevertheless stipulating the occurrence of certain legal consequences. The volitional actions stipulated by law have their own name, a certain meaning , they are distinguished by a special orientation and their own place in the system of legal facts. For each volitional action there is not only the order and form of the commission, but also there are consequences of their violation. Consequently, different volitional actions have different legal nature which determines the specific regulation of legal relations of civil law subjects.

DOI 10.14258/izvasu(2017)3-15