Tazminat Hukuku Çerçevesinde Tesebbüben Sorumlulukta İlliyet Bağının Kesilmesi: Kuyu Örneği
Cutting Causal Connection in Indırect Liability in the Framework of the Compensation Law: Well Sample

Summary/Abstract: Murders that resulted in death were subjected to various divisions such as killing by intent, mistake or indirect. Various forms and different provisions of each of these murders were found in itself. Indirect killing was deemed lighter than the others, and accordingly, the penalty was appreciated less, and it was even stated that the criminal responsibility fell completely, depending on the place. Because, while there is direct saving in other killing types, indirect killing has an indirect effect on the result. In this article, we will examine to a death incident that occurred indirectly within the framework of the compensation law according to Hanafi Sect. For example, this study, in which we will deal with the issue of who should be blamed for this death in the event that a person who falls into a well dug in the road dies in that well for different reasons after a while, will also give general idea about the perspectives and methods of imams in murders that occurred indirectly. The different ideas and justifications of Imam Abu Hanifa (v. 150/767), Imam Abu Yusuf (v. 182/798) and Imam Muhammad (v. 189/805) on this issue are discussed together with the reports and evaluations of the later Hanafi jurists.

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