IN THE COMPARATIVE LAW THE TORT LIABILITY OF PERSONS WITHOUT POWER OF DISCERNMENT

Abstract

Author(s): Mehmet ERGN

One of the general principles of the law is to compensate the damage/loss. If there is a direct or indirect damage/loss the damage/loss should be compensated according to the equity principle. –From/since the beginning- Islamic law has obliged the persons without power of discernment to compensate the goods they have destroyed. Because they are have legal capacity. Western law adopted this principle of Islamic law based on equality only by the law of 3 January 1968. ?n this article the issue of tort liability of persons without power of discernment which is one of the important contributions of Islamic law to law thought will be examined according to comparative law. Article topic is important. Because the power of discernment in legal science is an important factor for the formation of responsibility. In this context, the meaning expressed by the power of discernment in the language of law, people who lack the power of appeal, the main reasons for the lack of appeal capability, the terms of the responsibility, compensation for damage, calculation of loss, the form of compensation, damage to property, damage to the interests, moral damage, the burden of proof and the right of recourse will be emphasized.

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