IT CAN BE CONSIDERED THAT THE INHERITANCE OF INTELLECTUAL PROPERTY RIGHTS IS AN EXCEPTION FROM THE UNITARY FEATURE OF THE HERITAGE?
IT CAN BE CONSIDERED THAT THE INHERITANCE OF INTELLECTUAL PROPERTY RIGHTS IS AN EXCEPTION FROM THE UNITARY FEATURE OF THE HERITAGE?

Summary/Abstract: THE LEGAL NATURE OF THE INTELLECTUAL PROPERTY RIGHT REPRESENTS ONE OF THE MOSTCONTROVERSIAL ISSUES. BASED ON THE QUALIFICATIONS USED, THE PERSPECTIVES SUPPORTEDBY THE LITERATURE CAN BE GROUPED INTO TWO MAIN THEORIES.THE INTELLECTUAL PROPERTY RIGHTS REPRESENT DEROGATION FROM THE FACT THAT THEHERITAGE IS FORMED BY THE PATRIMONIAL RIGHTS FOUND IN THE DECEASED PERSON’SPATRIMONY. IN ORDER TO CONCLUDE ON THE FACT WHETHER THE INTELLECTUAL PROPERTYRIGHTS, BY THEIR DOUBLE NATURE REPRESENT AN EXCEPTION FROM THE UNITARY FEATURE OFTHE HERITAGE, WE SHALL ARGUE UPON THE LEGAL FEATURES OF THE HERITAGE AND SHALLAPPROACH CERTAIN NOTIONS OF INTEREST WITHIN THE RIGHT TO INHERIT AND ITS MEANINGS, ASWELL AS CERTAIN TERMINOLOGICAL ASPECTS SUCH AS THE SUCCESSION, SUCCESSORS ANDSUCCESSIONAL TRANSMISSION.OUR LAW STATES CERTAIN EXCEPTIONS FROM THE UNITARY FEATURE OF HERITAGE UNDERCERTAIN CONDITIONS. THUS, MOVABLE ASSETS, AS WELL AS ASSETS FROM THE HOUSEHOLD,WEDDING GIFTS, IN THE AREA OF LABOR LAW – WAGES, ANNUAL LEAVE PAYMENT, THE PENSIONNOT RECEIVED BY THE DECEASED PERSON, AS WELL AS THE PATRIMONIAL COPYRIGHTS.

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