Those who do not have the ability to distinguish (the power of appeal) are responsible for the damage they have caused only if it requires fairness and is perfect. Here, it is up to the discretion of the judge whether the situation requires fairness from the point of view. A person who has temporarily lost the power of discernment is obliged to remedy the damages he has caused in the meantime. But he will be relieved of responsibility if he proves that he has no flaws in losing the ability to distinguish.
But those who have temporarily lost the ability to distinguish will be liable for the damage they have caused, even if it does not require equity.
This state of responsibility is provided by Article 65 of the Law No. 6098.in its article, “If fairness is required, the judge decides that the damage caused by a person who does not have the power to distinguish should be completely or partially repaired. it is arranged as ’.
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