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The legal regulation of the relationships regarding the works of fine arts


Author: Chiroşca Igor
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2010
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution: Moldova State University
Scientific council: DH 30-12.00.03-27.03.08
Moldova State University

Status

The thesis was presented on the 5 December, 2009
Approved by NCAA on the 11 February, 2010

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Keywords

work of fine-arts, good, cultural good, national cultural patrimony, material support of the work, indissoluble link, author, owner of the material support, subjective right, conflict of law

Summary

Structurally, the paper consists of the introduction, four chapters, conclusions and the bibliography with 163 references. The obtained results were published in 10 scientific works.

The studying field of the present work consists in analyzing the essence of the legal regulations of the social relationships regarding the works of fine-arts. The main objectives for acquiring this aim, were to analyze the appearance and the evolution of these relationships and their regulations, the definition of the work of fine-arts and the identification of its place in the system of legal protection, the demonstration that the work of fine-arts is a polyvalent phenomenon etc.

The scientific novelty, as well as originality of this work cosists in trying to elaborate theoretical and practical conclusions, and to present certain proposals of lege ferenda that would logically result from the investigations applied in the work, contributing in this way to the enriching of the doctrine, the perfection of the legislation, making it more compatible and logically linked with the existing national and international regulations.

The theoretical importance and the applicative value of the work reside in the fact that it tries to treat multi-aspectually the legal regulations of the social relationships regarding the works of fine-arts. In this context, in the work, it is made a complex scientific analysis of the phenomenon of the work of fine-arts, both, from the theoretical and practical point of view; there are also used some knowledge from the domain of artistic theory and legal science, of the legislation, as well as the legal practice in this domain. This material can be used for modification of the legislation regarding copyright, museums, monuments, as well as civil or cultural legislation. The paper can be used as a teaching support for the students, masters or researchers of the law faculties, for other specialists etc.

The obtained results were successfully implemented in the university curriculums. In the same time, the results are used in the process of elaboration of the new copyright law. Both, the actuality and the motivation of its choose also reside in the fact that the present work constitutes the first trying to rise up the different specific and contradictory aspects of the legal regulation of the relationships regarding the works of fine-arts, to give them a theoretical evaluation and to present some proposals in order to solve them in the national Moldavian law system.