Capacity of judgement
Capacity of judgement is the ability to act reasonably, understand a situation, and make decisions according to one’s own will.
In Swiss civil law, capacity of judgement is a factual prerequisite for legally relevant acts. A person must be able to understand the meaning and consequences of a specific act and act according to that understanding. It is assessed concretely, in relation to the act and moment, not as an abstract status. Minors or adults under assistance may have capacity for some matters and not others. Lack of capacity can affect contracts, consent to medical treatment, wills, liability, and procedural acts.