THE CREATION OF LITERATURE, ART AND SCIENCE AS A LEGAL FACT OF PRIVATE LAW
Journal Title: Globalization, the State and the Individual - Year 2018, Vol 2, Issue 2
Abstract
This research confirms the conclusion that creative activity for the creation of work of literature, art and science should be defined as a type of legal conduct (legal effect stricto sensu). It is further substantiated by the author and by the examined general features of this article – a willful (conscious, persistent, human) activity, which is not limited to the will, targeted at specific individuals. Hence, the will does not determine the occurrence of legal consequences (to be understood in the broader sense – not only as subjective rights and legal obligations, but also as distinct qualities, statuses and characteristics of the object). The latter do not need to be known or desired by the author, because they follow from the law. In addition, the thesis is justified by the restrictive and the teleological interpretation of the texts of Article 3 and 5 of LNPF, which leads to the conclusion that the restrictions on legal acts of minors, and, accordingly, on their execution by under-aged, imposed by the strict age rating criterion of the legal capacity rule, do not apply to legal conduct (including for creative activity), but only to legal transactions.
Authors and Affiliations
Roxana Ruscheva
Keywords
Related Articles
- EP ID EP510534
- DOI -
- Views 45
- Downloads 0
ANALYSIS OF THE KEY PARAMETERS OF THE EMPLOYMENT OF DISABLED PERSONS IN EUROPEAN UNION AND THE SITUATION OF POLAND
In the light of contemporary challenges of the demographic and economic areas of Europę a significant meaning commences to have the notion of the human potential of the people with disabilities. The геіеѵапсе rank of the...
MANAGEMENT OF ORGANIZATIONAL CHANGES IN ENTERPRISES
This article discusses problems related to the significance of the mana- gement of changes in contemporary enterprises. The issues concerning the essence of changes in enterprises, stages of organizational changes, com-...
CYBER TERRORISM AS THE EXEMPLIFICATION OF MEDIA TERRORISM
Today, there are many forms of terrorism. Technological advances have enabled the development of new forms of terrorism, and these advances in technology are being exploited by terrorist organizations in finding new, mor...
DETENTION IN THE CONTEXT OF EUROPEAN IMMIGRATION POLICIES
Nowadays immigration detention in Europe has emerged as a policy through which governments seek to control migration and eject unwanted migrants. Apparently, detention has become a preferred tool for states to assert the...
PERSONAL INCOME TAXATION AS A VERY COMPLEX PHENOMENON: WAYS OF REFORMING AND CHALLENGES FOR THE FUTURE
Politicians and economists have been trying to create an ideał tax system for over two centuries. The emergence of such permanent system in each State is impossible, as political, social and economic conditions of fiscal...