Ratio of Categories "Self-Will" and "Interest" in Civil Law

Abstract

The article is devoted to the study of the correlation of the categories has its «self-will» and «interest», which is enshrined as a principle of Russian civil legislation. The author examines the psychological and legal aspects of concepts of will and interest, and their appropriate legal support. Great attention in the article is paid to the question of the capacity of the person and determination of the existence of the will itself of someone, not in the specific case, but in principle. The work also raises the question of will capability in respect of sanity determination, and mentions that the absence or defect of the will is a sufficient basis for establishing insanity. The author suggests the definition of the legal interest, it is a legal relations arising between the participants of public relations on the basis of the initiative shown by one against another, having as its content the coherence of the subject, pending a favorable legal consequence of their own legal initiatives.