Legal Definitions - quaestio voluntatis

Quaestio voluntatis

The term quaestio voluntatis refers to a legal or factual inquiry focused on determining a person's true intention or will at a particular moment. It is essentially a "question of intention," where the central issue is to understand what someone genuinely meant to do, rather than simply what actions they performed. This concept is crucial in many areas of law where a person's state of mind or purpose is a key factor in establishing liability, rights, or obligations.

• Example 1: Contract Interpretation

  Imagine two business partners sign a contract for a joint venture, agreeing to split "all profits equally." Later, a dispute arises over whether "profits" refers to gross revenue or net income after expenses. A court facing this quaestio voluntatis would need to investigate the partners' original intent when they drafted and signed the agreement. They might look at preliminary discussions, industry standards, or previous dealings between the partners to determine what they *intended* "profits" to mean in their specific context.

• Example 2: Criminal Law (Mens Rea)

  Consider a situation where a person takes a coat from a restaurant coat rack, believing it to be their own, only to realize later it belongs to someone else. If charged with theft, the court would face a quaestio voluntatis. The core question would be whether the person *intended* to permanently deprive the rightful owner of their property (the intent required for theft) or if it was a genuine, albeit mistaken, belief that the coat was theirs. The presence or absence of this specific intent would determine if a crime was committed.

• Example 3: Estate Planning (Wills)

  Suppose a will contains a clause stating, "I leave my entire collection of rare books to my beloved nephew, John." If the deceased had two nephews named John, and the will doesn't specify which one, a court would be presented with a quaestio voluntatis. The legal process would then involve examining external evidence, such as the deceased's relationships with each nephew, prior conversations, or other documents, to ascertain which "John" the testator *intended* to be the beneficiary of the book collection.