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Article`s title

The Will of an Individual in Civil Law and its Levels in the Context of an Interdisciplinary Approach (Part 1)

Authors

I. Kalinina 1

Volume

1 (2025)

Keywords

will, autonomy, personality, individual, legal capacity, legal capacity, bargaining capacity, rights, representation, mental disorders.

Abstract

In the article, will as a concept of civil law is revealed through the analysis of the legal norms of the Civil Code of the Russian Federation, with regard to the understanding of will in philosophy, religion, psychology, psychiatry, and linguistics. Through the prism of the concept of will in civil law, the legal capacity, legal capacity, legal capacity of minors, legal personality of persons with limited legal capacity and persons recognized as legally incompetent, representation are revealed. Special attention is paid to the analysis of the influence of biological factors on the involvement of an individual in civil law relations. Here there is an appeal to psychiatry as a field of medicine that studies the deformation of a person's will under the influence of mental disorders and somatic diseases. The conclusion is formulated that the will is a fundamental and system-forming concept of civics. Based on the interdisciplinary analysis of will, the levels of will of an individual as a participant in civil law relations are determined: the highest level of will is determined by the idea of will as a property of personal autonomy; the central level of will is associated with the psychosomatic characteristics of a person, his social and economic competencies; the substantive level, where the will of an individual is formed during a legally significant period; the external level of will is the expression of will.

How to Cite this article

Калинина И.А. Воля физического лица в гражданском праве и ее уровни в контексте междисциплинарного подхода (часть 1) // Право: история и современность. 2025. Т. 9, № 1. С. 128 – 136. doi: 10.17277/pravo.2025.01.pp.128-136

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DOI:

https://doi.org/10.17277/pravo.2025.01.pp.128-136

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128-136

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