Considerations regarding the legal regime applicable to digital assets Cover Image
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Consideraţii privind regimul juridic aplicabil bunurilor digitale
Considerations regarding the legal regime applicable to digital assets

Author(s): Andreea Verteș-Olteanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: digital goods; digital content; difference between goods and services; case-law of the European Court; Digital Single Market;

Summary/Abstract: Despite the fact that digital assets are comparable to physical goods (and, in some cases, to services alike), and due to the fact that the existing well-known systems of laws and norms regarding trade and property are not necessarily fit for this new type of goods, it is safer to treat them as a legal category sui generis with specific characteristics and legal consequences rather than classifying them into one or the other group without analysing the specific features of the distinct forms of digital goods. This article defines and exemplifies digital goods and, using the distinction goods-services already existing in the EU legislation, tries to examine the importance given to the tangibility of products from the Court of Justice of the European Union’s case-law.

  • Issue Year: 2017
  • Issue No: 03
  • Page Range: 377-394
  • Page Count: 18
  • Language: Romanian