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Juridical analysis of databanks remarks different relevant aspects. It needs to define the conceptual basis ofthe protection of a databank author, with regard to categories elaborated in the field of intellectual property rights, to value EC legislation choices, emerging from the proposai of EC directive on databank protection.

Central and Eastern Europe as well as Russia, have again openly become a large-scale borrower of Western models. Today, after a complete emancipation from ideology, post-Soviet legal Systems must be reclassified : they can no longer be grouped within the family of « socialist law ». One might conclude automatically that Roman-Germanie legal family has expanded to the East. Indeed, during the last few years post-Socialist legislators have tumed to pre-Socialist sources of law that were greatly influenced by classical continental models. The study of foreign and uniform influences in post-socialist law, however, adds a new reasonfor changing the static approach of comparative law, based on a conventional division in legal families, into a dynamic examination of the converging flows between the two major Systems ; such dynamic examination is called not only to give order to the outeome of legal transplants at the level of « positive law », but also to analyse the influence of the new factors of circulation, both normative or scholarly, on the legal process, and on the implementation of the new solutions. Moerover, it is certainly true that today, in contrast to the past, reception takes place not only on the initiative of those who receive the new models, but also on that of those who propose them. Given this picture, the statement that post-socialist law has simply returned within the Roman-Germanie family from where it originated is open to two challenges : — the idea of Roman-Germanie family neatly separated from the Anglo-American legal family today does not have a strong foundation either in the practice of the law in action, or in the theory 'of some jurists who are examining legal transplants ; — new models, by which post-socialist law reforms are inspired, are not only definable as continental models, since they are also models borro-wed from the European Union, the uniform law, as well as the Anglo-American experience.

In view of preventing an imminent damage or of stopping an unlawful situation, some legal Systems have set up specifie proceedings. In France, the plaintiff will have recourse to the « juge des référés », who has the power to order all urgent measures which seem necessary. In England, the plaintiff will seek interlocutory injunctions, injunctions enjoined by the judge either to prohibit or to impose the defendant such or such behaviour. In the context of industrial disputes, these measures represent a very effective judicial instrument for employers. Indeed, the grant ofsuch interlocutory injunctions, delaying or banning the action, has the practical effect of disposing ofthe action in the majority of cases in France and in England. However, the grounds on which the judge may pronounce these injunctions as well as the means available to enforce the orders of the court differ notably in both Systems.