Contract: Will or Volition? Deconstructing Classical Notions and Reengineering contract Theory.

The debate over the difference between will and volition is not merely a linguistic issue; it is a profound philosophical and legal problem related to the nature of human action and its extension over time. In traditional philosophy, will is considered an expression of a conscious and specific decision made by a person at a specific moment, while volition is understood as a dynamic and continuous process in the individual's interaction with reality, making it more consistent with legal phenomena characterized by flexibility and change. When analyzing a contract from the perspective of will, we find that traditional legal jurisprudence is based on the assumption that contracting is a decisive moment in which the parties' wills are "frozen" at a specific point, such that contractual obligations become fixed according to the texts agreed upon at that moment. This view is based on the principle of "freedom of contract," which holds that a contract can only be modified by a new agreement between the parties, making the obligation appear as if it were an unalterable past.