The Contract as Expression of Manifestation of Will Regarding Massive Contract Methods

Abstract

This article discusses the compatibility of the classic concept of manifestation of will with the present stage of the obligation’s law, involved by the massive contract methods. It is discussed, at first, the concept of will, and the theoriethical arguments about the unmatch between the desiderd and the effectively declared will. A little historical approach of the manifestation of will follows, beggining on its small importance in roman law, passing by its exaggeration in the great codes era, until the current relativization, in face of the increasing number of imperative rules. Finally, the effect of the adhesion contracts and the typical social behaviors over the concept of manifestation of will, which ended up mitigated to preserve the contractual character of those mentioned forms, are commented.