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Explanation of Article 123

Explanation of Article 123

This article addresses the first case of exemption from or mitigation of liability, which is the case of legitimate defense. The article stipulates that anyone who causes harm while in a state of legitimate defense of oneself, honor, or property shall not be held liable, provided that their defense does not exceed the necessary extent to repel the aggression. If this extent is exceeded, they shall be obliged to compensate to the extent deemed appropriate by the court.

Article 123

A person who causes harm while legitimately defending life, honor, or property shall not be liable for such harm, provided that such defense does not exceed the extent necessary to prevent the assault; otherwise, said person shall be liable for compensation the extent of which shall be determined by the court.