Onrechtmatig

Unlawful conduct forms the core of the tort of unlawful act under Article 6:162 of the Dutch Civil Code. It concerns conduct that contravenes the law, a duty of care or an unwritten rule and causes damage to another.

This provision is relevant because it enables liability to arise outside contractual relationships. Without unlawfulness, no claim for damages may be brought on the basis of tort.

In practice, the concept is frequently invoked in claims for personal injury, neighbour disputes or professional negligence, where the court determines whether the conduct should be regarded as unlawful.