The capacity of judgement determines if an individual can actively or not participate in legal life. The capacity of judgement is a complex concept that lies at the intersection of many areas such as law, ethics, medicine, psychology, philosophy, sociology and neurosciences. What means acting reasonably? Which states really deprive us of judgement? To extend the topic: can a human being display real autonomy? Here are some of the questions that Dr. Sarah Gros is trying to answer in her doctoral thesis:

The adult’s capacity of judgement in private law

Material and procedural aspects

The author suggests a study of the adult’s capacity of judgement, a fundamental notion of our legal system. It studies the implications of this concept in the different fields of private law as well as in the light of international developments (CDPH). The book deals specifically with the question of the evidence of discernment. It is indeed this aspect that will be decisive in the context of judicial procedures. The analysis also identifies the practical measures that can be implemented upstream by professionals having to determine whether there is or not a capacity of judgment.