Intention (Mens) As A Fundamental Element Of The Transaction

Abstract

This article is focuses on the intention (mens) as a fundamental element of the transaction (deed). The author argues, that the recognition by civil law of transaction (deed) as act, inevitably leads to the conclusion, that the basis of act is intention (mens). Therefore the transaction is inherently a will of person, which should be understood as the entire process of intention (mens) formation from the origination of certain needs (desire) to making a particular decision and its implementation. Moreover volitional element of civil deed includes both own will (internal mental process), and declaration of intention (willingness) (external implementation of volitional decision).