CONCURENŢA NELOIALĂ ÎN CONTEXTUL DREPTULUI INTERNAŢIONAL PRIVAT

Abstract

Unfair competition and related relations are not limited to a single domestic law. In this respect, it should be noted that the reports in question may also involve elements of internationality (foreignness). Thus, competitive relations can be determined by a subject, object or rights and obligations that have a connection with other states in terms of territory. In such situations, we will be in the presence of competitive relations with an element of foreignness or competitive relations under private international law. By reporting the circumstances described above to the local legislation (the provisions of Book V of the modernized Civil Code), it is ascertained the relevance of the conflicting norms from art.2635 of the nominated normative act (unfair competition and anti-competitive practices). Contextually, we mention that from a structural point of view, the norms of reference have a classic structure, specific to the conflicting norms: content and reference, while the connection points concretely determine the applicable law by establishing a link with a certain legal system.