Wrongfulness

Question 1

Criteria for determining wrongfulness?

Answer 1

o Reasonableness (general reasonableness),
o The legal convictions prevailing in the community, and
o Society’s boni mores.

Question 2

What does wrongfulness take into account?

Answer 2

The defendants conduct and the consequences of the conduct.

Question 3

The rights-based approach to wrongfulness involves the following categories of rights

Answer 3

o Real rights in respect of movable or immovable property,
o Personal rights in respect of an act required from another person (payment of debt),
o Personality rights in respect of aspects of human personality (reputation), and
o Immaterial property rights in respect of intangible products of the human mind (patents).

Question 4

The general inquiry for wrongfulness and a breach of duty:

Answer 4

Whether the defendant unreasonably or contrary to the boni mores or legal convictions of the community failed to prevent harm to the plaintiff.