jogellenes

Jogellenes is a Hungarian adjective meaning unlawful or illegal. The term is used in legal contexts to describe conduct that violates the law or infringes the rights of another person and is not justified by a legal defense. The root words are jog (law) and ellenes (against), reflecting the idea of acting against the law or against legal rights.

In Hungarian civil and tort legal theory, jogellenes magatartás (unlawful conduct) is a central concept for establishing liability. Typically, liability arises when someone engages in conduct that is unlawful, infringes a legally protected interest (such as life, body, property, or rights), and cannot be justified. The analysis often involves the elements of unlawful nature, fault or negligence, causation, and damages. Some areas recognize strict liability, where liability can occur without proof of fault, but most civil claims require some degree of fault or negligence.

Justifications or defenses can negate unlawfulness. These include consent, legitimate interest, necessity, self-defense, or statutory permission. If a defendant can rely on a valid justification, the conduct may not be considered jogellenes and liability may not attach.

The concept also helps distinguish between civil liability and criminal liability. An act can be illegal in a criminal sense while not giving rise to civil liability in every case, depending on the presence of rights violations and the availability of defenses.

See also: law, civil code, tort law, defamation, liability.