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The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009. (The Civil Code) -
By carrying out a review of Articles 312 to 328 of the new Romanian Civil Code, the author concludes that this Code allows conflict of laws relating to primary matrimonial regime; enforcement of mentioned rules is not required, as they are components of Romanian private international law public order.
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Examining the impact of the entry into force of the new Romanian Civil Code (Law no. 287/2009, republished, effective since October 1st 2011) the author concludes that, despite the “monistic” nature of the new Code, the commercial legal relationship still exists (but grounded on the concepts of business and professional). So being, says the author, commercial law remains timely even though its legal basis is within the new Civil Code. Therefore, to avoid misleading foreign investors, one suggests changing certain legal texts of legal acts implementing the new Civil Code, de lege ferenda, for the purpose of restoring the traditional concepts of “company”, “commercial agreements”, “legal relationships / commercial disputes”.
