The issue of subjective element problem of justification reasons
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Abstract (EN)
As a rule, a typical act is unlawful. But in certain cases, the legal order allows the typical act to be committed and the act in question is lawful. These cases are the justification reasons. The justification reasons require the existence of certain material conditions. These are the objective elements of the justification reasons. Our study is based on two issues relating to the occurrence of the justification reasons. The first issue is whether or not the existence of the objective elements of justification reasons is sufficient and the second issue is whether or not there are subjective elements of justification reasons in addition to the objective elements. The problem of subjective elements of justification reasons includes the necessity of these elements, if they are necessary, what their content is and what the consequences of their absence are. In this study, the necessity of subjective elements is predominantly examined. The content of subjective elements is addressed only in the context of the opinions that accept the necessity of these elements. The consequences related to the absence of subjective elements are examined as part of the issue of necessity.
Author
Selim Erdin
How to Cite
Selim Erdin (Doctorate thesis). The issue of subjective element problem of justification reasons, 2020, İstanbul University.
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