Unrechtsgehalt

Unrechtsgehalt is a term used in German legal theory to denote the content or extent of illegality that renders an act unlawful. It describes which norms are violated and which protected legal interests are affected by a conduct or transaction. The concept serves to analyze the nature of Rechtswidrigkeit (unlawfulness) by isolating the normative core that makes a behavior illicit under applicable law.

In civil liability, Rechtswidrigkeit requires that the conduct infringes a protected interest and is not justified by a legally recognized defense. The un Rechtsgehalt identifies the specific aspects that make the act unlawful, such as deception, coercion, or violation of statutory prohibitions. If there is a justification—such as consent, necessity, or emergency—the unrechtsgehalt may be absent or reduced, negating liability.

In contract and delictual contexts, the unrechtsgehalt helps distinguish unlawful acts from permissible ones. For example, a contract that exploits someone’s vulnerability contrary to public policy or statutory rules has a higher unrechtsgehalt, contributing to its invalidity or unenforceability. Conversely, acts that violate norms in a trivial or de minimis way may have a lesser unrechtsgehalt and may not lead to remedies.

Scholarly usage frames unrechtsgehalt as a descriptive tool for categorizing the normative content of illegality rather than as a separate legal element. It is primarily used in doctrinal discussions to clarify why a conduct is legally prohibited and how that illegality translates into liability or rescission. See also: Rechtswidrigkeit, Schuld, Delikt.