CONSIDERATIONS REGARDING THE OFFENSE PROVIDED BY ARTICLE 5, LETTER a) OF LAW No. 11/1991
CONSIDERATIONS REGARDING THE OFFENSE PROVIDED BY ARTICLE 5, LETTER a) OF LAW No. 11/1991
Author(s): Florin-Georgian CrețuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Bibliotheca
Keywords: unfair competition; likelihood of confusion; actus reus; mens rea; attempt; continuing offense
Summary/Abstract: This paper analyzes the offense of unfair competition provided for by Article 5(a) of Law No. 11/1991, from the perspective of both criminal law and commercial law. The study examines the constituent elements of the offense, as well as the forms and modalities of its commission, including attempt and the continuing offense. It also addresses the applicable sanctions and the main procedural aspects, such as the requirement of a prior complaint, the referral of the criminal investigation authorities, and the jurisdiction of the courts. The analysis highlights the role of the legal provision in protecting fair competition and trust in the economic environment, thereby contributing to the development of a coherent legal framework for the prevention and punishment of unlawful commercial practices.
Journal: Valahia University Law Study
- Issue Year: 2025
- Issue No: SI
- Page Range: 497 - 512
- Page Count: 16
- Language: English
