Legal Will in the Romanian Civil Law

Abstract

In order to form a valid legal document, 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 a legal will, the subject starts from an intellectual representation of the effects that he/she aims to acquire and from the appreciation of reasons that can influence 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.