jogsértés

Jogsértés is a legal concept used to describe the violation or infringement of a protected right. It refers to any act or omission that unlawfully affects another person’s legal interests, either by harming them, restricting their freedom, or otherwise violating their legal status. Jogsértés can arise in civil law when a requirement of non-contractual rights is breached, leading to civil liability.

The scope of jogsértés covers a range of situations where a person’s rights under law are harmed or endangered. This includes violations of personality rights such as privacy, reputation, name and image, as well as property rights, copyright, trade secrets, and other non-contractual interests. It typically involves fault, meaning the conduct may be intentional or negligent. Jogsértés is distinct from szerződésszegés (breach of contract), which concerns violations of obligations arising from voluntary agreements rather than from the protection of general rights.

Liability for jogsértés usually entails a civil remedy, most commonly damages intended to compensate the injured party. Damages can be pecuniary (financial loss) or non-pecuniary (such as moral harm or loss of reputation). In many cases, courts may also issue injunctions or other measures to stop the unlawful act, restore existing conditions, or prevent further harm.

Proving jogsértés generally requires showing that a protected right was violated, that the conduct was wrongful, that there is causation between the conduct and the harm, and that damages occurred. Claims are typically pursued through civil proceedings, with time limits governing when actions must be brought.

See also: civil liability, delict, szerződéses felelősség, személyiségi jog, kár.