| Zur Garantenstellung Aus Verantwortung Fur Raume Und Grundstucke Contributor(s): Mahner, Nicolas Johann (Author) |
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ISBN: 3848726998 ISBN-13: 9783848726998 Publisher: Nomos Verlagsgesellschaft OUR PRICE: $141.55 Product Type: Paperback Language: German Published: January 2016 |
| Additional Information |
| BISAC Categories: - Law | Criminal Law - General |
| Series: Studien Zum Strafrecht |
| Physical Information: (3.22 lbs) 378 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: The dissertation argues for a guarantor status within the meaning of Sec. 13 German Criminal Code for property owners. The work analyses and shows the impracticability of the criterion "besondere Beschaffenheit oder Lage" (particular quality or location), established by the Federal Supreme Court in a decision of 1982. By a subjective and factual approach the dissertation shows the risk inherent to a room's natural quality as an area with spatial boundaries and hidden from public perception of activities from the outside. Amending the criterion of the Federal Supreme Court, the dissertation calls for a guarantor status of property owners even for offences committed by third parties. With respect to such offences in the property of home owners, the dissertation distinguishes between different effects of risks which result in an offence within the criterion "objektive Zurechenbarkeit" (attribution). |