Will and Manifestation of the Will (Meta-legal and Civil Comprehension)

Abstract

A human is a rational being, which is expressed in his/her “I”. Only a human is able to understand own self, self-consciousness, by which a human is distinguished from other living beings. The substance of the mind is liberty. Antic people lacked the real comprehension of liberty, as they were connecting the existence of liberty with certain social criteria and not with the humaneness itself. According to the Christian doctrine an individual himself/herself has infinite values, as a being created by God, who is able to make the creator live in himself/herself. Real liberty does not mean the isolation of the individual from society, as a human is a social being, revealing his/her own self in relation to the others. The human’s liberty is manifested in the liberty of his/her will. The will defines the individual’s interests, realization of which is carried out by the individual’s right. Besides the existence the liberty of the will means demonstration of the will too, a legal instrument of which is transaction among private living relations. An issue concerning which component defines the essence of the transaction: the will, characterizing an individual internally or its expression, becoming perceivable for the addressee, is establishing different theories in civilities. In defining transaction modern private law does not grant the priority to either of them and it is deemed that considering all the circumstances it is possible to provide interests of private autonomy or turnover.