elmulasztás

Elmulasztás is a legal and everyday term referring to the failure to perform an action that one is legally or contractually obliged to carry out. It encompasses non-action as a fault type, where the absence of a required act can give rise to liability or other legal consequences. The concept is used across civil, criminal, and administrative contexts and varies in its precise meaning and consequences by jurisdiction.

In civil law, elmulasztás can lead to liability when there is a duty to act, such as contractual obligations, professional duties, or parental or guardianship responsibilities. If the omission causes harm or loss to another party, the responsible person or entity may be required to compensate the damage or face injunctions. The key elements typically include the existence of a duty to act, a failure to act, and a resulting harm with a causal link.

In criminal law, omissions can be punishable when a person has a specific duty to act and knowingly fails to fulfill it, or when the law imposes an obligation to provide assistance or report certain situations. Crimes of omission often require proof of intent or gross negligence and a direct connection between the failure to act and the harmful outcome. Examples commonly cited include failure to render aid in an emergency or failure to comply with statutory reporting duties.

In medical and professional settings, elmulasztás is often discussed in relation to negligence or malpractice, where a professional’s failure to perform an expected standard of care constitutes fault.

Etymology traces the term to the idea of omitting an action. See also: omission (law), duty of care, negligence.