Unlawful

Tags: 6:162, aansprakelijk, onrechtmatig, onrechtmatig handelen, onrechtmatige daad, onrechtmatige handeling, responsible, unlawful, unlawful act.

An act is unlawful when this act constitutes an infringement of a right, is contrary to a legal obligation or is contrary to what is appropriate in society according to unwritten law.

Article 6:162 BW

In order to speak of unlawful liability on the basis of Article 6:162 of the Dutch Civil Code, the following circumstances must also apply in addition to an unlawful act:

The wrongful act must be attributable to the perpetrator
There must have been actual damage
There must be a causal (causal) link between the wrongful act and the damage, and
The breached standard must protect the interests that have been violated in the specific case (relativity).
If all these requirements are met, there is a tort liability.

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