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The content and the juridical nature of the subjective copyright

Author: Dorian Chiroşca
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)
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Scientific council:


The thesis was presented on the 26 October, 2007
Approved by NCAA on the 20 December, 2007


Adobe PDF document0.31 Mb / in romanian


CZU 347.78(043.3)

Adobe PDF document 0.91 Mb / in romanian
154 pages


subjective right, subjective copyright, personal (moral) rights, economic (patrimonial) rights, the right to authorship, the right to be named, the right of integrity, the right to respect for the reputation, the right to performance, withdrawal right, the right to reproduction, the right to disclose, the right to rent, the right to public show, the right to public communication, the right to public retransmission, the right to import, resale right, work of fine arts, literature or science, author, the holder of rights, limitations of copyright


The main target of the present work is to settle the term „copyright” from the subjective and objective points of view, the correct use of this term, and to determine the juridical nature of the subjective copyright, to establish the relationship and interdependence between the content elements of the subjective copyright and the specific peculiarities of each element performance, which, during there effective realization, manifests themselves as subjective rights.

During the study there were examined the most important aspects of the subjective copyright along with the content and the juridical nature of the elements of this basic subjective right where from the other authors’ privileges derive. In this context, the juridical nature of the personal (moral) rights and patrimonial (economic) rights of the author have been thoroughly examined, the interdependence between these rights and their particularities has been demonstrated, these being examined through the monist and dualist theories, considered the base of the copyright development.

The actuality of the proposed theme resides in the content of the subjective copyright, which due to technical-scientific progress is continuously modifying. For the first time in the professional literature, the investigations are being realized at the level of constitutive elements of the subjective copyright, the classification of these elements being made while demonstrating the relationship and interdependence between them within the subjective copyright content and identifying their substance and the limitations of the juridical effects in the process of each elements’ performance.