Onrechtmatig

Onrechtmatig is a Dutch adjective meaning not in accordance with the law or with fairness. In everyday language it denotes conduct that is improper, forbidden, or otherwise violates the rights of others or public norms.

In Dutch civil law, onrechtmatig is a central concept in the doctrine of the onrechtmatige daad (unlawful act). The Civil Code (Burgerlijk Wetboek) 6:162 defines an unlawful act as an act or omission by which someone infringes another person’s rights or violates a legal duty, and which causes damage. The concept focuses on the unlawfulness of the conduct, independent of whether criminal liability exists.

To establish liability for an onrechtmatige daad, several elements are typically required: the act must be unlawful, there must be intentional or negligent fault (schuld), there must be causal connection between the act and the damage, and damage must have occurred. There are defenses and justifications that can negate unlawfulness, such as necessity, consent, self-defense, or statutory exemptions. If the conduct is authorized by law or is otherwise justified, it is not considered onrechtmatig.

Outside civil liability, the term is also used more generally to describe illegal or improper behavior in criminal, administrative, or public-law contexts. In such usage, it denotes acts that violate statutory rules or public norms, including wrongful acts by authorities (onrechtmatige overheidsdaad) in certain circumstances.

Etymologically, onrechtmatig combines the prefix on- (not) with recht (law/right), and it is commonly contrasted with rechtmatig (lawful) or wettelijk (statutory).