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同意能力
dōi nōryoku
capacity to consent
未成年者は同意能力がないとみなされる場合がある。
Minors may be deemed to lack the capacity to consent.
Law
formal
The legal capacity to understand and voluntarily agree to a decision or action, particularly in contexts like contracts, medical procedures, or legal agreements.
医師は患者の同意能力を確認した上で手術に同意を求めた。
The doctor sought consent from the patient after confirming their capacity to consent.
同意能力の有無は、契約の効力に影響を与える重要な要素である。
Whether a person has the capacity to consent is a crucial factor affecting the validity of a contract.
Often evaluated in legal settings to determine if a person can make informed decisions. Related to terms like '意思能力' (decision-making ability) and '判断能力' (judgment ability).
Related Phrases
Pro Tip
Legal Context
In Japanese law, '同意能力' is often discussed in relation to contracts, medical consent, and other legal agreements. It is distinct from '行為能力' (legal capacity to act), which refers to the ability to perform legal acts independently.
Gold Rule
Capacity vs. Age
While minors are often presumed to lack full consent capacity, adults may also be deemed incapable due to mental or physical conditions. Always assess on a case-by-case basis.
Word Origin
Compounded from '同意' (consent, agreement) + '能力' (ability, capacity). '同意' is a Sino-Japanese compound meaning 'to agree with,' while '能力' means 'ability' or 'competence.'
Usage Notes
Primarily used in legal and medical contexts. The assessment of consent capacity often involves evaluating a person's understanding of the implications of their decision, their ability to communicate their choice, and their reasoning behind it.
Word Breakdown
同意
consent, agreement
noun能力
ability, capacity
noun和英辞典