Art. 2598 cc case study – We inimitable
There is a saying that goes “The cobbler always runs with broken shoes”, is already true, you never would have thought could happen, yet. Does that mean that you have been really good at teaching profession, yet he is inimitable.
As part of an action for unfair competition under art. 2598, covered a range of acts that define the offense, that is not at all infrequent. For example, this occurs when the subject strives competitively-systematically-active to achieve the transfer and
misuse of customers, or when to proceed to the reproduction of the format of the letterhead, or even when it makes use of the same operational settings work learned as part of a service previously performed within a company affected by this action illegal competitively. Not only that, even in such action contributes to the dissemination of false and disparaging, and even with comparative purposes entirely instrumental and non-transparent, which often accompany these dynamics and the more serious are the more active the subject competitively boasts of its supposed ability .
In addition to the criminal liability of the subject competitively since he is also frequently active in the exercise of their functions, then it is well seized fraudulently sensitive information and other documentation affected by the action of the competition.
What to do? Iura novit curia. Apart from the action, with action in the civil lawsuit and a criminal issue, there are few other things you can do. One of these is certainly reacting competitive activity. The reaction to what you may have, must act solely in terms of quality and professionalism in constant time, provided that the difference between a business affected by the action of competition and the competitively active subject lies in the different ethics of those who performed the act offense. In
other words, the subject can certainly competitively active ascribe human behavior ethical status at least morally inappropriate, which can not but be reflected in the performance of its normal functions.
While, therefore, at an early stage those who rely on such a subject will also be induced to make a choice distorted by the circumstances, the other third will be the same way over time to appreciate what they have lost their spite.