Incidenţa normelor noului cod civil asupra contractului de reprezentare teatrală ori de execuţie muzicală
Incidence of rules of the new Civil Code on the theatrical performance or musical performance agreement
Author(s): Bujorel FloreaSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: author’s patrimonial rights; theatrical representation, musical interpretation; right transfer; uniletaral engagement; bilateral engagement; porte-fort engagement; imprevision.
Summary/Abstract: The reformation and modernization of the judicial system in Romania, including the bringing into force of the new Civil code starting from October 1st, 2011, altogether have brought up the necessity of examining the impact of these above-mentioned new law provisions upon other law branches, and as is the case of the study here presented, upon the copyright legal field. This study aims at examining the legal aspects arising from the new Civil code provisions, and which are incidental in relation to the theatrical representation or musical execution agreement, which is a species of the author’s patrimonial rights lease agreement. Moreover, the author deepens his examination, and brings to light a series of legal issues concercing the corelation between the examined type of contract and other types of agreements, its legal characteristics, its content, object, involved parties, closure and termination. Also comprised in the study presented hereafter, there are numerous proposals de lege ferenda in relation to the examined type of agreement. Also, apart from other conclusions, the author considers there is a strong need for a single work which would deal with all the patrimonial author rights agreements, intercession that would surely enhance the doctrine’s picture concerning this law field.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2012
- Issue No: 01
- Page Range: 44-87
- Page Count: 44
- Language: Romanian
- Content File-PDF