Conflict of External and Internal Volition in Law and Jurisprudence

Formation of the legal transaction and its constitutive elements and also the defects which may occur to the volition during its constitution are among the main issues of law and jurisprudence. Among the considerable arguments in this area, is the conflict of external and internal volition in creating the legal act, so as to decide which one is considered as principle and dominant.Though the external and internal volition are frequently in accordence with each other, they dont match to each other at some time. So, in such a case, what aspect of volition should be considered as criterion? Discussion in the area of domination of the external or internal volition are among issues which has significant consequences having regard to validity and voidness of legal acts and to the interpretation of contracts and unilatral legal transactions. Through the looking over the legislative system, judicial precedent,the views of scholars both in law and in jurisprudence, and prevailing attitudes regarding this debate in legal systems, it seems that contrary to the thought of those who suppose it is the internal volition which is principle and think the external volition confirmatives related to the proving process, external volition in some areas contract law is debatable and has original, protective, instructive and supervisory rol.