Those who do not have the power to discriminate are only liable if they require fairness and are perfectly responsible. It is hereby made to the discretion of the judge whether it is necessary to do so or not. The person who temporarily loses the power of discernment is obliged to remedy the damages it has caused. However, if he / she proves that he / she does not have a defect in losing his / her power of separation, he / she will be freed from the responsibility.

However, those who lose their discriminating power temporarily are not responsible for their loss.

This responsibility is in Article 65 of the Law No. 6098, if required by the Equity; The judge has decided to settle the damage caused by the person who has no discriminating power, in whole or in part.