Mult zgomot pentru nimic. Repararea daunelor morale cauzate de fapte de concurenţă neloială

Rezumat

Although the possibility of repairing the non‑pecuniary damage suffered by a company due to unfair trade practices is a reality, having an express legal consecration, the implementation of the possibility offered by the legislator is quite a challenge, due to certain limits of all related rules – such as Law no 31/1990, which regulates the patrimonial purpose of a company –, which are not prepared for the natural assimilation of this concept. The provisions of art. 257 of the Civil Code have a strictly platonic existence, incapable of rendering a real platform for identifying practical solutions.

Keywords: moral damage; unfair competition; goodwill; companies; compensation; tort.