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  • Author: Tudor-Vlad Sfârlog x
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Proposals for Defining and Implementing the Resale Right in the Romanian Law System

Abstract

With the present scientific endeavour, we propose a new doctrinal approach on the resale right in terms of both legal acts that generate a resale right and how the regulation of resale rights regulates social relationships between a holder of the right and his/her debtors. When preparing the study, we consulted the doctrine of speciality, case law and objective law.

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Determining the Remuneration of the Copyright Holder and Terminating the Assignment Contract

Abstract

Through this study we propose new visions of the legal norms establishing the social relations between the author and the assignee in the matter of determining the remuneration and judicial review of the assignment contract. In this respect, we propose a series of amendments lex ferenda of the Law no.8 / 1996 and formulate a series of doctrinal theories that we consider will contribute significantly to the science of rights resulting from intellectual creation.

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Cancellation and Termination of Assignment Contract of Patrimonial Rights of the Author

Abstract

The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.

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Doctrinal Contributions on the Right to Use the Work Provided by Law No. 8/1996

Abstract

In the present study we propose to offer a series of doctrinal solutions regarding the legal analysis of the patrimonial right to use the work of the authors, under Law no. 8/1996. The importance of the approach lies in the in-depth understanding of the institution, the logical and legal motivations of the Romanian legislator’s options and the doctrinal and jurisprudential solutions in the field. Concerning the importance of legal protection of the author’s patrimonial rights, we will mention here only the argument accepted by the opinionated that social development and well-being are inextricably linked to the legal protection of intellectual creation. We assume that the individual would not be encouraged to create in the absence of legitimate protection of the creation of his intellect

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Original Elements in the Doctrinal Analysis of the Author’s Moral Rights

Abstract

The present scientific endeavour proposes a rigorous analysis of authors' moral rights, with an emphasis on original elements in terms of doctrine. At the same time, with the present study we put forward a series of lex ferenda proposals for a better legal regulation of social relationships that relate to the exertion of moral rights by creators of legally protected works. Thus, the proposed study brings along both original elements that regard a logic and legal doctrinal analysis on authors' moral rights, as well as proposals for laws meant to optimize the legal framework regulated by Law no. 8/1996.

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