The present study analysis the nature of law and the citation obligation of fragments from pre-existing works used in following intellectual creations.
The study is intended to mark up the doctrine points of views regarding the conditions that need to be fulfilled in the case that the legal right of citation is exercised.
Also, the requirements frame is completed with personal opinions of the author that are funded both on legal arguments and motivations from other domains of intellectual creation.
The study is intended to be an information guide on more or less known aspects of the subject, directed for intellectual creations authors being at the start of their career, to which it offers the coordinates that must be respected in the creation process, in order that the works that they create not to be accused of plagiarism.
In the same time, the study addresses also to the well-known creators from different fields of intellectual property as authors of works of spirit, that tries to inspire, to stimulate and to determine to continue their creation process respecting the traditional spiritual patrimony and searching new modern expression forms, passing the stereotype schemes that limit the access to the knowledge horizon.
* Conf. univ. dr. la Facultatea de Ştiinţe Juridice, Politice şi Administrative Bucureşti - Universitatea „Spiru Haret”, Avocat Baroul Bucureşti.