CONSIDERATIONS REGARDING THE LEGAL STATUS OF HERALDIC REPRESENTATIONS IN THE ROMANIAN SYSTEM OF LAW
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
Heraldry is a science that studies and governs the use and regulations of certain symbols utilized for distinguishing persons, legal entities, legal bodies etc. Sometimes heraldry is defined as an art, when it comes to the visual representations of the aforementioned symbols on flags, seals, shields etc. In the actual Romanian System of Law, heraldic representations, both ancient and modern may be considered as intellectual property rights or cultural rights or eventually as elements related to the legal status of a person, namely as identification attributes of a person. In many European countries, as well as in other civilized countries, there are legal frameworks that strictly regulate the use, display and rights over heraldic insignia. In the Romanian legal system, such a framework does not yet exist, and for that reason, this article addresses the possibility of creating such a legal framework within the Romanian System of Law and tries to answer to the following questions: 1) Is it possible for such a legal framework to be enacted and enforced in the Romanian System of Law? 2) What purpose would be served by the enactment and enforcement of such a legal framework? 3) What should be the legal nature of the rights pertaining to such a legal framework? 4) Is it possible to create within this framework an armorial which will comprise all the heraldic representations, of ancient and modern origins, belonging to moral or natural persons? 5) What kind of legal protection would be appropriate for the successful implementation of the framework? Hopefully, the contents and conclusions of this article will be able to answer at least some of these questions and perhaps will lay the first bricks in a future project that would lead to practical and tangible results concerning the protection of rights related to heraldic representations.
Authors and Affiliations
Claudiu Ramon D. BUTCULESCU
Keywords
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