2022

Eduard-Alexandru FLOREA, Ph.D. candidate, Faculty of Law, University of Bucharest, The Evolution and Theoretical Foundations of Volitional Theories in Contract Law

DOI: https://doi.org/10.31178/AUBD.2022.12

Abstract: The parties’ intent, as the foundation upon which contract law is based, has been the subject of widespread criticism, largely due to its inadequacy in light of current economic dynamics. However, to arrive at a more profound answer, the criticism should also take into account the evolution of the concept’s foundations in order to assess the validity and usefulness of the proposed solutions.

Keywords: autonomy of the will, nomothetic will, theories of volition