Jogellenessége

Jogellenessége is a Hungarian legal term that translates to "unlawfulness" or "illegality." It refers to an action or omission that violates the provisions of a law, regulation, or legal norm. This concept is fundamental to many areas of law, including criminal law, civil law, and administrative law.

In criminal law, jogellenessége is a core element of a criminal offense. An act is considered a crime only if it is both unlawful and culpable. An unlawful act is one that is forbidden by a criminal statute and causes harm to society or individuals. For example, theft is unlawful because it violates property rights as defined by law.

In civil law, jogellenessége typically refers to a tort or breach of contract. A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. A breach of contract occurs when a party fails to fulfill their obligations under a legally binding agreement. In both cases, the unlawful nature of the act is the basis for a claim for damages or other remedies.

Administrative law also deals with jogellenessége, often in the context of administrative offenses or unlawful administrative decisions. Administrative offenses are violations of rules and regulations set by government agencies, carrying penalties like fines or license suspensions. Unlawful administrative decisions can be challenged and potentially overturned by courts.

The determination of jogellenessége often involves examining whether a specific action or inaction contravenes a legal prohibition or fails to meet a legal requirement. The absence of a valid justification or excuse, such as self-defense or necessity, is also crucial in establishing unlawfulness.