Liability of Individuals Lacking Capacity to Discern
Individuals who lack the capacity to discern (mental capacity/capacity to act with discretion) are only liable for the damages they cause if equity (fairness) so requires, and they are responsible without fault (strict liability).
In this context, whether equity requires liability is left to the judge’s discretion, depending on the circumstances of the case.
This condition of liability is regulated in Article 65 of Law No. 6098 (Turkish Code of Obligations – TCO) as follows:
“If equity so requires, the judge shall decide to fully or partially compensate the damage caused by the person who lacks the capacity to discern.”