Mental disabled, according to the individual tort system is consider being liable if causes damage to another person. This rule seems not to be fair. In this article two solutions are proposed: first, fault presumption obtained by extensive interpretation of article seven of tort act and second authority conferred to judges by article 7 of the same act. But the just and final solution is the creation of garanty fond based upon Daman Aquele opinion. By this way, collective liability would be applied.
Mental disabled, according to the individual tort system is consider being liable if causes damage to another person. This rule seems not to be fair.
)