ABERRATIO CAUSAE
ABERRATIO CAUSAE
Author(s): Calina Andreea MunteanuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: ransferred intent; aberratio causae; unity of offence; deviation of the causal connection development; insignificant error; comparative law
Summary/Abstract: The present article proposes to examine the aberratio causae form of the transferred intent, taking into account the characteristics of this institution. Aberratio causae implies a deviation of the causal connection development, after which, in the objective reality the result sought against the person concerned by the perpetrator is produced, but not due to the causal chain from the representation of the agent, but as a consequence of circumstance unforeseen by him. The author analyzes theoretical concepts and jurisprudential aspects, but also elements of comparative law regarding this issue.
Journal: Jurnalul de Studii Juridice
- Issue Year: VII/2012
- Issue No: 3-4
- Page Range: 33-38
- Page Count: 6
- Language: English