Possibility theory

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Administrative law

The possibility theory is an important theory in public law with regard to the legal standing of the citizen analog or directly to § 42 para. 2 Code of Administrative Procedure as part of the admissibility of a lawsuit . In order to have a legal way to a measure of a public authority, the citizen must have a legally protected right position for himself avail able to popular complaints ruled out. According to the possibility theory, the right to bring an action exists if the possibility of a violation of one's own rights ( complaint ) is not obviously and clearly excluded. Whether the infringement actually exists is a question of the merits of the action.

Criminal law

In criminal law , the theory of possibility is one of the views expressed when it comes to the question of whether dolus eventualis is present.

See also

Individual evidence

  1. Schröder, Horst: Structure and Limits of the Preface , in: Festschrift für Wilhelm Sauer, 1949, pp. 207 ff.