Legal Definitions - actus animi

actus animi

The term actus animi refers to an act of the mind, essentially meaning an intention or a mental decision. It highlights the internal, psychological component behind an action, distinguishing it from the mere physical execution of that action. For many legal actions to be valid, not only must a physical act occur, but there must also be a corresponding mental act or intention.

• In the context of making a gift: If someone physically hands a valuable painting to a friend, for it to be a legally recognized gift, there must be an actus animi. This means the giver must have the genuine intention to transfer ownership of the painting permanently to the friend, and the friend must have the intention to accept it. If the giver merely intended for the friend to borrow the painting for a short period, the necessary actus animi for a gift would be absent, and legal ownership would not transfer.

• In the context of creating a will: When an individual drafts and signs a will, the document itself is a physical act. However, the validity of that will hinges significantly on the testator's (the person making the will) actus animi. This refers to their clear and sound intention to distribute their assets in the manner specified within the document, and to revoke any previous wills. If it can be proven that the testator lacked the mental capacity to form such an intention (e.g., due to severe illness affecting their judgment) or was unduly pressured into signing, the actus animi would be considered absent, potentially rendering the will invalid.

• In the context of forming a contract: While signing a contract is a physical act, the legal enforceability of that contract relies on the actus animi of all parties involved. This means each party must have the genuine intention to enter into the agreement, understand its terms, and be bound by its obligations. For example, if a person signs a contract for a major purchase but can later prove they were coerced or fraudulently misled into signing without understanding the true nature of the agreement, their actus animi (their true, free intention) might be questioned, which could lead to the contract being voided.