UNINOT Award 2019

Whether or not the capacity of judgement is recognised determines the extent to which a person is able to participate actively in legal matters. Capacity of judgement is a complex concept that intersects many fields such as law, ethics, medicine, psychology, philosophy, sociology and neuroscience. What does it mean to act reasonably? What states of mind truly deprive us of judgement? Or, if we want to open up the debate: Are humans capable of demonstrating true autonomy? Here are some of the questions Dr Sarah Gros attempts to answer in her doctoral thesis:

Adult Capacity of Judgement under Private Law

Substantive and procedural factors

The author proposes a study of adults' capacity of judgement, a fundamental concept of our legal system. She examines the implications of this concept in the various areas of private law, as well as in the light of international developments (CRPD). Her work deals particularly with the issue of proof of judgement. It is this factor that will be decisive in the context of legal proceedings. The analysis also identifies practical measures that can be implemented in advance by professionals who are confronted with the question of whether or not judgement exists.