Will
LexInter | June 8, 2017 | 0 Comments

Will

The will is at the origin of obligations . It distinguishes legal acts from legal facts

The binding force of contracts is based on the principle of autonomy of the will. The obligation resulting from the contract which makes the law of the parties is the result of the will and is not an alienation of liberty.

The will is the source of the cause of the contract. It is also proof of the cause of the contract.

Will is the basis of consent. The will must be informed and free to constitute consent .

The will can be expressed in different ways, orally, in writing or by signs.

Will is distinguished from intention , a concept used in criminal law as a condition for intentional offenses.

 

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