The opus in the works contract: from the artistic liberty into the materialization of the intellectual work | 2017

Author(s) Carolina dos Santos Ramos Almeida Franco e Albuquerque
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis The amplitude of the opus concept in the works contract has promoted discussion amongst legal scholars and of jurisprudence, for the last fourty decades. From a conceptual problem, to a dubious interpretation of the legal regime, arises a constant need to review the concepts and adapt them to a virtual reality. The presentation in our doctrine of two theses of the opus concept, has revealed itself precarious, and discussing a concept has not been sufficient because the matter exceeds it, culminating in an uncertain contractual qualification, founded by ambiguous criteria and by interpretations that aren’t always thought through, and compliant with the wills of all contracting parties and respective contractual clauses. In a society of constant creation of volatile intellectual opuses through informatic contracts, the seclusion of this kind of opus from the legal regime of the works contract, or its mere inclusion, builds up tension in our courts. The focuses of the present dissertation will be the characterization of the works contract, the demystification of the opus concept, the pondering of legal regime, the analysis of the parties wills, the limitation of the artistic liberties of the contractor and a new consideration of the materialization of intellectual work.

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2018-07-12T09:50:49+00:00