Unterlass

Unterlass is a German noun (das Unterlassen) meaning the act of omitting or refraining from an action. It denotes the absence of performing something and is the noun form derived from the verb unterlassen. In everyday language it can refer to any omission, whether intentional or negligent, and is often used in phrases such as das Unterlassen einer Handlung.

In civil law, liability for harms caused by omission can arise when there is a legal duty to act, to prevent a danger, or to refrain from certain conduct. The enforcement of these duties is commonly seen in mechanisms like Unterlassungsklagen (civil actions to compel cessation) and Unterlassungserklärungen (cease-and-desist declarations), which are used to stop ongoing or imminent infringements in areas such as competition, trademark, or copyright law.

In criminal law, there are offenses by omission (Unterlassungsdelikte) where a duty to act exists. The best-known example is the failure to render aid to a person in danger under § 323c StGB. Other omission offenses arise where a statute creates a special duty, for instance within certain professional, familial, or relational contexts.

In practice, the concept underlines a fundamental distinction between active conduct and omission in accountability, risk management, and rights enforcement. It is frequently encountered in discussions about liability for inaction and the appropriate legal mechanisms to prevent or remedy harm.

See also Unterlassung, Unterlassungsklage, Unterlassungserklärung.