Reflections on one’s moral right of retracting their contractual obligations
Reflectii privind dreptul moral de retractare

Summary/Abstract: The Charter of Fundamental Rights of the European Union protects intellectual property. Fundamental liberties may be invoked as the foundation of intellectual property rights, thereby justifying the recognized exclusive rights (monopole) of the author or copyright holder. Under these circumstances, the fundamental rights and liberties stipulated in the Charter will be interpreted by the courts of the European Union and of its member states. The aforementioned courts grant it their attention and contribute to the preservation and development of these fundamental values. The liberties in case are regarded as such since their unrestricted practice is permitted, and they are considered public liberties as it is the state institutions’ responsibility to ensure the conditions under which they may be enforced. The right to retract consecrates the juridical recognition of the author’s ability to create, which can only be exercised by the author; unlike other attributes, it ceases to exist upon the death of the author. It is by means of this provision that the legislator has intended to take into account the authors’ regret and remorse and has made it possible for them to retract their contractual obligations. The very existence of this provision stands as a source of uncertainty for juridical security. Hence, a fair balance must be established between the holders of such rights and the users of secured objects.

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