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On Imprevision And Its Effect On The Literary, Artistic Or Scientific Work Copyright Assignment Agreement

Author

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  • Bujorel Florea

    (Law and Public Administration Faculty, „Spiru Haret” University of Bucharest, Romania)

Abstract

The relatively recently legal notion of imprevision brought under Romanian regulation by the new Civil code that came into force October 1st, 2011, is expected to be subject of numerous specialized analyses in order to clarify the various aspects that make up its identity, characteristics and effectiveness. Following the purpose described here-above, our study aims especially at conjugating the theory of imprevision with the copyright transfer agreement. The article hereafter contains standpoints and de lege ferenda suggestions in relation to the party entitled to institute the legal proceeding relative based upon the imprevision theory, the criteria to be observed in order to adopt a solid legal settlement in this respect, the contracting parties and the court's role in interpreting and applying the imprevision theory.

Suggested Citation

  • Bujorel Florea, 2012. "On Imprevision And Its Effect On The Literary, Artistic Or Scientific Work Copyright Assignment Agreement," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 220-229, December.
    • Handle: RePEc:sja:journl:v:1:y:2012:i:1:p:220-229
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    More about this item

    Keywords

    imprevision; special imprevision; copyright transfer agreement; rebus sic stantibus principle; bona fide; failure to execute liabilities.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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