The concept and correspondence between internal and external will (expressed will) within structure of a civil transaction

Abstract

This article is focused on such elements in the structure of a civil transaction as the will and expressed will, as well as on specifics of judicial proceedings in cases on challenging transactions with defects of the will and expressed will. The study of the indicated categories is important for determining the composing elements of a transaction, its existence and validity, as well as for the correct derivation of a civil transaction’s concept. The practical significance is the opportunity to determine the ways for assessing the possibility of applying provisions on transactions to various forms (types) of expressed wills, including the provisions on the invalidity of transactions with defects of the will and expressed will. The author while conducting the research set herself of solving the following main tasks: what the will is and what the process of its formation is, how the will and expressed will correspond to each other, the possibility of executing an expressed will in a way other than performing actions, which category is predominant and why, as well as how it affects the resolution of disputes on the invalidity of transactions with defects of the will and expressed will. Thus, the purpose of the research is to establish the process of formation of a will, methods of performing an expressed will and their correspondence. The author has used a wide combination of existing general scientific and special legal methods of scientific cognition in the course of the research, which led to the following results. The research of the categories of the will and expressed will within the structure of a civil transaction conducted by the author has been carried out in relation to the primary subjects of private law and to the ultimate beneficiaries of goods — individuals. Based on theoretical analysis, the author distinguishes these categories in order to establish the priorities while assessing the defects of the will and expressed will, as well as determines their sequence by proving the primacy of the will.