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security for performance of the publishing obligations not yet due at the
time bankruptcy proceedings were commenced, then the originator may
not entrust the work to another publisher.
Conclusion
Pursuant to Article 488 of TCO, a publishing contract shall be in
written form and the originator’s rights to the work are transferred to the
publisher to the extent and for as long as required for performance of the
contract.
The parties shall agree on the number of editions. Where no clause
was agreed that stipulates the number of editions, the publisher is entitled
to produce only one.
Unless otherwise agreed, the originator may request remuneration.
If the price is not established contractually, where the presumption is
that publication of the work would necessarily involve remuneration, the
judge determines the price.
A publishing contract will be terminated automatically in the event of
the death or incapacitation of the originator before the work is completed,
or in the event the originator is prevented from completing it without his
own fault.