الإرادة الضمنية و السكوت المعبر عنها : دراسة مقارنة

Abstract EN

In itself, will is a psychological phenomenon that is not considered legal, as long as it remains in the same owner, and it has no legal existence unless it comes into existence through expressing it and disclosing the intention of its owner.

The expression of will was the necessity of bringing the will of the world of ideas and feelings to the world of perceptions and phenomena, and this necessity required the existence of multiple means to express the will directly or indirectly.

The silence is surrounded by the conditions described, or the clothing constitutes the will of a phenomenon that reveals the will of the "inner or the real".

It is one of the means of expressing it.

It is explicitly indicated in cases of silence described and implicitly in cases of silence of clothing.

Is not what determines its nature, this nature can only be known to return to the content of the internal expression.

It does not diminish the status of silence expressed by the will as an exceptional means, especially in the expression of implicit will, in cases of silence of clothing, which is the field of implicit will, where silence and its circumstances are placed in the balance of justice to see whether it can be expressed as a will of them or not, If silence is considered an expression of will on a particular face, it is an implicit, unfamiliar, or indirect expression.

It is an implicit expression, and the expression of the will and silence of the will is taken away from the judge in accordance with his discretion.