Explanation of Article 122
This article clarifies that a person is liable for a harmful act if it is committed by someone who is discerning. In other words, discernment is the basis of liability. The article also establishes a mitigated liability for those who are not discerning (such as minors who are not discerning and the insane) in exceptional cases, in order to compensate the damage suffered by the injured party, while at the same time taking into account the general rules of liability.
Related To
Article 122
-
A discerning person shall be liable for any harmful act he commits.
-
If harm is caused by a non-discerning person and no other person can be held liable for such harm or compensation from the person liable for such harm cannot be obtained, the non-discerning person shall be liable for compensation the value of which shall be determined by the court.