Those who do not have the power of discernment (the power of appeal) are only responsible for the damage they cause if it requires fairness and without fault. Here, it is up to the judge’s discretion whether the situation requires fairness or not. The person who temporarily loses his/her power of discrimination is obliged to compensate for the damages he/she has caused during this time. However, if he proves that he has no fault in losing his power of discernment, he is relieved of responsibility.
However, those who temporarily lose their power to distinguish are liable for the damage they cause, even if it does not require equity.
This state of responsibility is stated in Article 65 of Law No. 6098, “If fairness requires; The judge decides that the damage caused by the person who does not have the power to distinguish is completely or partially eliminated.
