Persons who lack the capacity of discernment are liable for the damages they cause only if equity so requires, and they are held liable regardless of fault . Here, whether the circumstances require equity is left to the discretion of the judge. A person who temporarily loses their capacity of discernment is obliged to compensate for the damages caused during that period. However, they may avoid liability if they prove that they were not at fault in losing their capacity of discernment.
Nevertheless, those who temporarily lose their capacity of discernment shall be held liable for the damages they cause even if equity does not so require.
This state of liability is regulated in Article 65 of Law No. 6098 as follows: “If equity so requires, the judge shall decide on the full or partial compensation of the damage caused by a person lacking the capacity of discernment.”