Will to act

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Under the will to act is understood in the transaction doctrine awareness to act at all, so an external behavior consciously make (writing, speaking, estoppel ). The will to act is a necessary part of a declaration of intent . It is missing in the case of sleeping, unconscious, hypnotized or the victim of the inflexible use of force ( vis absoluta ), for example the hand held by a third party for the pressed signature. The will to act is also lacking in the case of mere reflex movements. In these cases, there is only the legally ineffective form of a declaration to which Section 105 (2) of the German Civil Code ( BGB) usually applies.

The will to act is dogmatically assigned to the subjective (internal) fact . Further subjective elements of a declaration of intent are the awareness of the declaration and the willingness to do business . A lack of will to act cannot legally be attributed to the behavior of the supposedly declaring party.

The will to act is not to be taken into account if the law links the legal consequences of a declaration of intent to silence , as is the case with merchants , who according to Section 362 of the German Commercial Code (HGB) can also become a contractual partner in their sleep.

Individual evidence

  1. Burkhard Boemke, Bernhard Ulrici BGB general part
  2. ^ Dieter Medicus : Civil law . 19th edition Carl Heymanns Verlag, Cologne 2002, ISBN 3-452-24982-4 , Rnr. 129.