Fenntarthatóság, életkor és cselekvőképesség – néhány döntéselméleti és pszichológiai szempont

The study presents the background of the limits of contractual capacity focusing on decision theory and psychology. Using the biased decisions linked to the development and damages of the ventromedial prefrontal cortex as model, we analyse the somatic marker hypothesis of Antonio Damasio, as a fundamental paradigm of the psychology of decision-making. Some areas of the brain, also responsible for emotions, play an important role in decision-making too. The above-mentioned impairment remains often undetected and this results serious consequences in private law, if the contractual capacity (and the responsibility) remains unlimited. The development of the ventromedial prefrontal cortex also influences the decisions of healthy minors. Some healthy older adults also show lower performance on the Iowa Gambling Task, a test designed to detect the impairment of decision-making. In our opinion, law must react on these phenomena, especially the regulation of contractual capacity, but the problem has implications