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Debt in the jurisprudence
- Debt the condition for punishment is criminal, sees debt (law). In this sense it is "Vorwerfbarkeit", the reproach to the author, it standard have acted could thus. Strength of law of children is debt unable under 14 years; also certain illnesses or intoxication conditions can lead to it that the author can recognize the standard offence any longer or he was not not able, in accordance with the standards to behave. The debt principle is embodied in the Basic Law (): nulla poena sine culpa - no punishment without debt.
- In the civil law the debt term is differently used:
- With the question about the responsibility for a certain success one speaks of being to blame for and means with it resolution or negligence. Legal consequence is usually an obligation to payment of damages. The terminology concerns above all the Deliktsrecht, which resembles structurally the criminal law, where one understood resolution and negligence upon the entry into force of the civil law book as debt forms. In the civil law thus the allocation overhauled in the criminal law kept. One confronts the absolute liability, which does not require being to blame for, not even illegality to the indebtedness principle, but makes a distribution of risks (for instance the operating danger of the motor vehicle during the owner adhesion in the traffic right). With contractual obligation injuries one speaks not of being to blame for, but of representing having, which means however in principle likewise resolution or negligence.
- Debt means the obligate-obligating its, which frequently a subjective right of another general faces (see requirement). Debt forms then the Gegenbegriff for adhesion.
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