Kusurun Mahiyetinin Kusur İlkesine Etkisi

Abstract

The most fundamental matter that affects the fault principle is the nature of fault element. There is a profound disagreement in the doctrine that the definition of the fault is its will or behavior. The controversy in defining the fault is the basis for different theories of fault liability. Thus this condition significantly affects the results of the fault principle. In this article, the technical connections between the definition of fault and these different theories and how is it affect the fault principle will be examined. In addition, since the concepts of will and behavior are the most basic concepts of the law of responsibility; it will be presented theorical aspect of how they affect fault principle by the connection of them with the behavior element and basis of strict liability.