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
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