Subjektive Voraussetzungen in zivilrechtlichen Rechtfertigungsgründen

Unlike in criminal law, the discussion of subjective elements of justification, understood as prerequisites in the person of the agent, leads a shadowy existence in civil law. If the question of whether subjective elements of justification are necessary is raised, it is usually answered in the affirmative without further justification or with unreflected adoption of the prevailing view in criminal law. The exact content of subjective elements of justification is addressed even less. The present study examines the need for subjective elements of justification and their possible content for civil justification. It also deals with the subjective requirements of the other parties involved, for example in the case of justifying consent with the ability to consent and the voluntary declaration of the injured party, and in three-person constellations with the consent of the person who is being helped (by self-defense or an emergency).