Analysis of the Mechanisms of the Legal Will - an Argument for an Interdisciplinary Scientific Framework

Abstract

The legal will agreement producing legal effects means that each party will is real, conscious, free and clear, externalized and expressed the intention to be bound. Through legal concepts of will and consent, a purely psychological approach objectifies producing legal effects. The whole argument is based on the idea that an interdisciplinary approach of the law requires updating the content of the concepts reflecting processes and mental phenomena which can be scientifically investigated with the methods and techniques of modern science. Analysis of classical theories of the will and the modern theories on the decision making process revealed the evolution of decision making research and the importance of including these valuable scientific information within the factors influencing civil act theory as a manifestation of the will and the concept of contractual freedom.