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CNAA / Theses / 2017 / May /

Particularity of legal relationships on the results of intellectual creation and it’s evolution


Author: DOMENTE Marin
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2018
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 19 May, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.80 Mb / in romanian

Thesis

CZU 347.77/.78 (043.3)

Adobe PDF document 1.57 Mb / in romanian
178 pages

Keywords

legal relationship, subject, object, content, individual, intellectual creation

Summary

Thesis structure: introduction, 4 chapters, conclusions and recommendations, bibliography of 214 titles, 155 pages of main text. The results are published in 7 scientific works.

Field of study and thesis objectives: legal relationships with special object – the results of intellectual creation, characteristic, features and their’s historical evolution.

Study objectives: delimiting the legal relationship with the special object – the results of intellectual creation, determination of particularities of this report, examination under evolutive aspects of the legislation pertaining to the regulation of the study object, analysis of judicial practice, making recommendations for the correct application of legal norms and preparing law proposals.

Scientific novelty is that for the first time was carried out a systemic analysis of national and international law, domestic and foreign doctrine, judicial practice in the field of legal relationships on the results of intellectual creation, in order to determine their particularities and legal nature, including the determination of deficiencies in their regulation, suggesting possible ways of removing the detected deficiencies.

Resolved scientific issue: is to elucidate the characteristics and particularities of the birth, conduct and termination of legal relationships on the results of intellectual creation, including evolution of reglementation of such relations, which will provide clarity for theorists and practitioners of rules and weaknesses applicable to the legal relationsjips on the results of intellectual creation and particularities of examination of given category of court cases, in order to create theoretical base for studying and effective implementation of substantive and procedural norms in the field.

The theoretical significance. This research is one of the first domestic research of legal relations on the results of intellectual creation, in which were analyzed aspects of the theory of law and inter-branch aspects of the legal relationships with regard to the results of intellectual creation.

Value of the work. We studied in detail the doctrine, legislation and judicial practice, this gives the work a practical aspect and the law proposals are scientifically fundamented and designed to improve judicial practice in the field.

Implementation of scientific results. The research results can be used to improve national legal framework, to develop explanatory ruling on the interpretation of rules regulating legal relations on the results of intellectual creation, as well as teaching material.