Interferencia del miedo insuperable en el estado de necesidad

Translated title of the contribution: Interference of unbeatable fear under necessity as defense

Rodrigo Guerra Espinosa*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

1 Scopus citations


This article presents the delimitation of necessity and unbeatable fear. Thus, in the first section, we examine the concept of fear. Secondly, we will deal with the instinct of self-preservation under necessity. In the third section, we study the leading criterion of necessity defense. In the fourth section, we show an analytical-phenomenological under unbeatable fear. Fifthly, we will present the tolerance of imprecision under necessity and what kind of axiological premises have impact in this sort of cases. Finally, we present some considerations in which fear is a key factor under danger. Finally, we must indicate that this work considers the following hypothesis: unbeatable fear is a provision that must be applied in cases of serious disturbance in the face of a situation of danger or illegitimate aggression in which the agent is unable to fulfill.

Translated title of the contributionInterference of unbeatable fear under necessity as defense
Original languageSpanish
Pages (from-to)323-343
Number of pages21
JournalRevista de Derecho
Issue number1
StatePublished - 2022
Externally publishedYes

Bibliographical note

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