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After a short history, the cooperative is placed in the broader framework of the social economy, under the umbrella of which the platform cooperative comes to life. From the sectors of the digital economy within the platform cooperative is used, we turn our attention to that of data. The data cooperative is defined, starting from the significance of the traditional cooperative, as reflected in the legislation. Then, its development in the context of the digital data explosion and the use of this avatar of the cooperative for the benefit of the „producers” of data are discussed. Possible obstacles to the success of the data cooperative are briefly pointed out, and at the end, the European legislator's vision for the data cooperative is presented, as set out in the new Regulation (EU) 2022/868, known as the Data Governance Act.

Reverse engineering is the process of extracting secret information (trade secrets) by analysing an existing product. To determine whether reverse engineering falls within the limits of legality, the paper explores first the trade secrets (their meaning and forms, their regulation and legal protection). Then, the reverse engineering is brought under scrutiny, pointing out its main issues that of what reverse engineering consists of, what are the conditions that should be met in order to be considered legal, where it could be applied. The paper highlights the usefulness of reverse engineering in the traditional industry, software industry and as well as in the digital twins technology. In this endeavour, beyond the consulted legal literature, European and American caselaw is examined. Finally, the means of protection that trade secrets right holders have at their disposal against reverse engineering are revealed.

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We are witnessing an accelerated technological evolution that has enabled the development of artificial intelligence in various fields, allowing it to gradually infiltrate the entire society. We intend to cover only a small subset of AI technologies in our paper, that of Generative Artificial Intelligence (GenAI). Our objectives are to shed light on the legal issues that GenAI can cause and to find solutions to them. We begin with a definition of GenAI in the much broader context of AI technologies. Answers to a few essential questions are to be found: 'How does GenAI work?', 'What could GenAI be used for?', 'What legal issues could arise from using a GenAI?'. To accomplish our goals, we first conduct a literature review to define artificial intelligence (AI) in general and GenAI in particular. Several lawsuits are chosen to illustrate the magnitude of the legal problems and to test the feasibility of possible solutions in both the national and EU legal systems. Then, we analyse GenAI's output, liability for its contents and for its use, altogether with examples of related contractual clauses. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Freedom of expression can take many forms. Tattooing is one of these, which has recently become a common and widely accepted practice. When tattoos are original works and are „worn" by famous people, whose image is frequently used in commercial advertising, a conflict may arise between the tattoo artist's copyright in his work (of the tattoo) and the right to the tattooed person's own image. If the tattoos are not original, being taken from images, photos, drawings, protected by copyright or, in certain cases, by trademark rights, the tattoo artist can be held liable for the violation of intellectual property rights. After placing the practice of tattooing in the Internet era (1), the legal aspects of tattooing at the intersection of art and law are analyzed (2) establishing, first, whether the tattoo is a work of art and whether a copyright can be recognized on the tattoo (2.1.). A „reconciliation" is then attempted between the copyright of the tattoo and the personality rights of the tattooed person (2.2.). Finally, the problem of the violation of the rights of third parties by tattooing is briefly addressed (2.3.). [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal separation („separația de corp") is a quasi-divorce, which does not lead to the dissolution of the marriage, but produces certain legal consequences on personal and patrimonial relations between spouses. Based on religious motivations, legal separation is the compromising solution adopted in states of Catholic religion, in which marriage is seen as an indissoluble and perpetual bond. Although known in several Member States of the European Union (EU), legal separation has meanings, conditions, procedure and effects that differ from one state to another. In Romanian law, the institution of legal separation is not regulated. The Orthodox religion, predominant in Romania, rejects the dogma of the indissolubility of marriage and allows divorce. However, in the Civil Code, among the provisions of private international law there is a rule indicating the law applicable to legal separation. The use of the notion, which is otherwise singular, is not accompanied by a definition or explanation of the term. In the European regulations (the Regulation Brussels II bis on jurisdiction1 and the Regulation Rome III on the applicable law2), directly applicable in Romania, two similar notions are used, those of „separare de drept" (legal separation) and of „separare de corp" (separation of body). Although in Romanian law the institution of legal separation does not benefit from a legal regulation, as an effect of the application of European regulations in case of divorces with foreign elements, the Romanian courts, as well as the notary in the divorce procedure and the superintendent registrar in the administrative divorce proceedings may be put in a position to rule on the legal separation. In this article we will first clarify the notion of legal separation in Romanian law and in one of the legislations of EU Member States participating in the enhanced cooperation under the Rome III Regulation, the Italian law. We will then establish, in the light of the judgment of the Court of Justice of the European Union in Case C-249/193, in which situations a Romanian court, a Romanian notary and a Romanian superintendent registrar may be put in a position to rule on the legal separation, analyzing the issue from the perspective of jurisdiction established under the Brussels II bis Regulation and the applicable law determined in accordance with the Rome III Regulation. Finally, we will identify possible solutions, taking into account the judgment of the Court of Justice of the European Union. [ABSTRACT FROM AUTHOR]

The evolution of technology has facilitated the development of the so-called collaborative economy. Through collaborative online platforms, which „remove" the borders between states, various services such as short-term housing rental (Airbnb type), urban transport (Uber type), pet-sitting (PetBacker type), and others are provided. In Romania, the activities specific to the collaborative economy are in full development, in the context of the absence of some regulations specific in the matter. The purpose of the paper is to determine the role of the service provider in electronic contracts concluded through collaborative platforms and to which rules they must be subjected, taking as reference system the service provider with the habitual residence in Romania. It is analysed only the situation of service providers - natural persons, which can be grouped into two categories: a category of persons providing various services on an occasional basis, in leisure time, in order to obtain additional incomes (the so-called prosumers), category which is the basis of the collaborative economy, and the second category, which includes the persons who provide services on a regular basis, on a continuous basis, on their own and aiming at obtaining profit. The distinction between non-professional and professional service providers is difficult to achieve; there are no criteria in the legislation in the field of services for this purpose. The quality of professional or non-professional must therefore be analysed on a case-by-case basis, using the rules of the common law. The legal regime depends on the classification of the service provider into one category or another. The contracts in the collaborative economy are concluded by means of online collaborative platforms. Those operating in Romania mostly have their headquarters abroad, which awards international character to the contracts concluded. Using the regulations in force, there are analyzed the modalities to determine the law applicable to contracts and the authority competent to solve the disputes, which may arise between the service provider and the platform or between the service provider and their user. The study captures only a small part of the collaborative economy phenomenon and seeks to clarify some day-to-day situations, which can give rise to some complex legal problems. [ABSTRACT FROM AUTHOR]

Medical assisted reproduction with surrogate mother is a profitable business worldwide, involving various commercial operators acting on the global market. The upward trend in the development of this market has been and is favored by the technology, the advanced techniques of in vitro fertilization, and, last but not least, the use of the Internet. In the first part of the paper, an analysis of the contract of human medical assisted reproduction with a surrogate mother is made, starting from a few terminological clarifications and regulations in this matter, so that, afterwards, the attention is focused on the content of the contract and on its effectiveness in Romania. In the second part of the paper, the options for outsourcing motherhood in Ukraine and Greece, as a component of medical fertility tourism, are presented, and the issue of transnational effectiveness of the contract is discussed, all taking Romania as a reference system. [ABSTRACT FROM AUTHOR]

In the present study we will try to find the answer to the question: „What can a natural person do when his/her right to the protection of personal data has been violated?”. The natural person having his/her habitual residence in Romania, who suffered damages in a cross-border context, will be taken as a reference system, in an attempt of „guiding” him/her to the competent authority for dealing with the judicial issues that have arisen. The legal basis for answering the question will be the Regulation (EU) No 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In the first part of the study the terms used to explain the right to the protection of personal data and its violation will be clarified, and in the second part the administrative and/or judicial ways that the natural person can follow in order to restore the violated right will be discussed. [ABSTRACT FROM AUTHOR]

Copyright of Review of Juridical Sciences / Revista de Științe Juridice is the property of Review of Juridical Sciences / Revista de Stiinte Juridice and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this study there are analyzed the issues raised by the conclusion and performance of the electronic contracts, also having in view that the cyberspace where they are located has no borders. There are examined, by turns, the regulation of the electronic contract (1); the notion of electronic contract, the notion of electronic means, the classification of electronic contracts (2); the formation of the electronic contract (3); the proof of electronic contract (4); the delocalisation of the electronic contract and its significance for the international trade law (5). [ABSTRACT FROM AUTHOR]

During the performance of international trade agreements, which usually are long term contracts, can occur unexpectedly, a change in circumstances contemplated by the parties at the time of their conclusion. If the change of circumstances makes the obligations performance of a contractual party excessively difficult, although possible, creating a contractual imbalance, the adaptation of contracts to new conditions is justified. Adaptation of contracts, and thus their survival, is ensured either by inserting a hardship clause in contracts, or by choosing an applicable law to contracts, which contains favorable provisions to using hardship theory. [ABSTRACT FROM AUTHOR]

The new Romanian Civil Code (Law no. 287/2009, republished) contains a new concept, namely the sanction of clauses deemed unwritten, which are incident to all areas covered by the Civil Code. In this study, the author makes a comprehensive analysis of this new concept, concluding that we are faced with an autonomous sanction. Although it has an autonomous nature, with regard to its legal system, the author believes that this autonomous sanction is, by analogy, subject to the rules for invalidity. [ABSTRACT FROM AUTHOR]

The rule is that an individual cannot transfer or constitute a better right than he or she has. Exceptions to this rule stand under certain conditions and have as a basis the fact that, even if one who constitutes or transmits is a non dominus, the juridical act which was concluded is considered as a valid one and produces its effects. The conveyancing juridical act concluded by a non-owner is valid, if the parties, by mutual consent, settle that the transmission of the ownership will take place after the contract was concluded; in this case the provisions on the sale by a non-owner apply (art. 1683 C. civ.). When there is no such consent, in principle, the transfer of the ownership cannot take place. In such a situation, the validity of the juridical act could be examined on a case by case basis, using the good faith principle, the theory of appearance of right, the principle of equity, depending on the real situation and the distinction made between generic goods and ascertained (specific) goods and between movable goods and immovable goods. [ABSTRACT FROM AUTHOR]

In this study, the author makes a relatively exhaustive analysis of the provisions of Articles 1221 to 1224 of the new Romanian Civil Code (Law no. 287/2009, republished on July 15, 2011 and effective since October 1st 2011) stressing the differences - substantive - between regulations on damage (as vice of consent) in the present Civil Code and in the previous Civil Code (of 1864). [ABSTRACT FROM AUTHOR]

In the study hereby, the author makes a comparative analysis of regulations covering negative prescription under the current Civil Code (Law No. 287/2009, republished on July 15th, 2011 and effective since October 1st, 2011) as compared to the previous legal regulations (in particular, Decree No. 167/1958 on negative prescription). At the end of this comparative analysis, the author concludes that the relevant regulation covering negative prescription is manifestly superior under the current Civil Code, as compared to Decree No. 167/1958. [ABSTRACT FROM AUTHOR]

The cessation of the natural person's existence shall result in a series of consequences, such as the succession law, the personality rights, and the natural person's respect and subsequent to his/her death and so on. This study examines the cessation of the natural person's existence and its consequences, in the light of the provisions of the applicable Romanian Civil Code (Law no. 287/2009, as republished on 15 July 2011 and come into force on the 1st October 2011), pointing out the new regulations in the matter, as compared to the previous laws (into force until the 1st October 2011). [ABSTRACT FROM AUTHOR]