LEGAL PRACTICE and INTERNATIONAL LAWS

International Conference on TRADITION and INNOVATION in the ACADEMIC LAW SYSTEM (TIALS '11)

International Conference on TECHNOLOGY POLICY and LAW (TPL '11)

International Conference on PRIVATE LAW (PL '11) International Conference on LIABILITY and SCIENTIFIC

ENQUIRY (LSE '11) International Conference on INTELLECTUAL PROPERTY AND

INFORMATION MANAGEMENT (IPM '11)

Faculty of Law, Transilvania University of Brasov Romania, April 7-9, 2011

Published by WSEAS Press ISBN: 978-960-474-291-2www.wseas.org

LEGAL PRACTICE and INTERNATIONAL LAWS International Conference on TRADITION and INNOVATION in the ACADEMIC LAW SYSTEM (TIALS '11) International Conference on TECHNOLOGY POLICY and LAW (TPL '11) International Conference on PRIVATE LAW (PL '11) International Conference on LIABILITY and SCIENTIFIC ENQUIRY (LSE '11) International Conference on INTELLECTUAL PROPERTY AND INFORMATION MANAGEMENT (IPM '11) Faculty of Law, Transilvania University of Brasov Romania, April 7-9, 2011 Published by WSEAS Press www.wseas.org Copyright © 2011, by WSEAS Press All the copyright of the present book belongs to the World Scientific and Engineering Academy and Society Press. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Editor of World Scientific and Engineering Academy and Society Press. All papers of the present volume were peer reviewed by two independent reviewers. Acceptance was granted when both reviewers' recommendations were positive. See also: http://www.worldses.org/review/index.html

ISBN: 978-960-474-291-2

World Scientific and Engineering Academy and Society

LEGAL PRACTICE and INTERNATIONAL LAWS

International Conference on TRADITION and INNOVATION in the ACADEMIC LAW SYSTEM (TIALS '11)

International Conference on TECHNOLOGY POLICY and LAW (TPL '11)

International Conference on PRIVATE LAW (PL '11) International Conference on LIABILITY and SCIENTIFIC

ENQUIRY (LSE '11) International Conference on INTELLECTUAL PROPERTY AND

INFORMATION MANAGEMENT (IPM '11)

Faculty of Law, Transilvania University of Brasov Romania, April 7-9, 2011

Editors: Prof. Cristinel Ioan Murzea, Dean of Faculty of Law, "Transilvania" University of Brasov, Romania Prof. Angela Repanovici, Transilvania University Brasov, Romania International Program Committee Members: Alejandro del Valle, Spain Jesus Verdu, Spain Claudio Socci, Italy Monica de Angelis, Italy Carla Moreti, Italy Basak Baysal, Turkey Julio Pinheiro Faro Homen de Siqueira, Brazil Gheorghe Costachi, Moldova Jimmy Hill, Ireland Etienne Criqui, France Jean Denis Mouton, France Eugen Chelaru, Romania Ioan Pop-Sabau, Romania Alexandru Ionas, Romania Tanase Joita, Romania Ioan Adam, Romania Nicolae Voiculescu, Romania

Preface This year the International Conference on TRADITION and INNOVATION in the ACADEMIC LAW SYSTEM (TIALS '11), the International Conference on TECHNOLOGY POLICY and LAW (TPL '11), the International Conference on PRIVATE LAW (PL '11), the International Conference on LIABILITY and SCIENTIFIC ENQUIRY (LSE '11) and the International Conference on INTELLECTUAL PROPERTY AND INFORMATION MANAGEMENT (IPM '11) were held at the Faculty of Law of the Transilvania University of Brasov, Romania, April 7-9, 2011. The conferences provided a platform to discuss commercial law, consumer protection, copyright law, e-governance, employment and labour, finance, corporate governance, banking and investment, law and culture, rules of evidence and admissibility of scientific evidence in law and litigation, scientific issues in international trade and trade policy, the national development history of intellectual property, global piracy and corporate and organisational strategies etc. with participants from all over the world, both from academia and from industry.

Their success is reflected in the papers received, with participants coming from several countries, allowing a real multinational multicultural exchange of experiences and ideas.

The accepted papers of these conferences are published in this Book that will be indexed by ISI. Please, check it: www.worldses.org/indexes as well as in the CD-ROM Proceedings. They will be also available in the E-Library of the WSEAS. The best papers will be also promoted in many Journals for further evaluation.

Conferences such as these can only succeed as a team effort, so the Editors want to thank the International Scientific Committee and the Reviewers for their excellent work in reviewing the papers as well as their invaluable input and advice.

The Editors

Table of Contents

Human Rights Law in Urban Communities with Based on Minorities Law 13Hassan Sholesadi Procedural Aspects Concerning the Notice of Claim in the Romanian Civil Law 19Ionas Cristina, Ionas Alexandru Financing Terrorism by Means of Drug Trafficking 23Ionas Alexandru, Ionas Cristina A Research on the Needs of the Financial-Accounting Labor Market in Romania, Paths to be Followed by Universities

28

Diaconu Paul, Coman Nicoleta, Sandru Codrina, Gorgan Catalina, Gorgan Vasile The Perception of Financial - Accounting Profession on Higher Education Curriculum in Romania

40

Diaconu Paul, Coman Nicoleta, Sandru Codrina, Gorgan Catalina, Gorgan Vasile The Implementation of Intellectual Property Strategies Inside the Organization: Patent and Brand’s Management and Protection

55

Simone Manfredi, Fabio Nappo Considerations on the Regulation of Succession by Representation in the New Civil Code 62Mircea Dan Bob About Stimulation and Awareness IP Methodology 73Dan Savescu The Right to be Judge by an Independent and Impartial Court 79Maria Magdalena Barsan, Elena Ramona Manu The Maintenance Recovery in the Member and Non-Member Countries of the European Union

85

Andreea Ciurea The Exertion of the Legal Profession in Romania by the Lawyers from the European Union Member States and the European Economic Area

89

Roxana Matefi, Diana Ionas The Recalculation of Special Pensions is Done by Violating the Constitutional Provisions, Community Legislation snd Protection of Human Rights

92

Ioan Ciochina-Barbu, Marius Ciprian Bogea Energy Performance Certificates for Buildings, at their Beginning in Romania 98Florin Fainisi European Concerns Regarding Environmental Technology 104Florin Fainisi

Non-Discrimination in European Contract Law 110Anamaria Toma-Bianov, Nicusor Craciun Juridical Protection of Fundamental Rights after Lisbon 116Oana Saramet, Anamaria Toma-Bianov, Radu Saramet Information Management in Development of Psychological and Educational Research 122Aurel Ion Clinciu Authority and Responsibility in the Romanian Penitentiary Education 126Adrian Lupascu, Nelu Nita Verification of Information Received by the Prosecution through Prior Criminal Acts 132Marius Ciprian Bogea, Ioan Ciochina-Barbu Evolution of the Judicial Regime Applicable to Public Property 136Catalina Georgeta Matei, Roxana Anca Adam, Nicusor Craciun Disagreeing on Parties’ Disagreement: The Arbitral Award and the Dissenting Opinion 141Ioan Schiau Medical Information Management, Case Study 147Alina Martoma, Cornel Scurt Intelectual Property and Open Access to Information 153Angela Repanovici A Company Contract According to the New Romanian Civil Code Regulation 159Titus Prescure Measuring Occupational Prestige in Romania 165Carmen Buzea, Florentina Scarneci Legal Issues Concerning the Influence of Tourism whith Infractionar Character, Targeting Trafficking in Cash to Finance Terrorism

171

C. Klement, C. Murzea, N. Craciun, W. W. Thierheimer Remodeling Artificial Intelligence to Ethics and Social Responsibility 179Cornel Nicolae Jucan, Mihaela Sabina Jucan Observations Regarding the Decision No.53 of the 25th of January 2011 of the Constitutional Court Respective to the Senate’s Decision to Validate Magistrates Elected as Members of the Superior Council of Magistrates

187

Oana Saramet, Silviu-Gabriel Barbu Short Essay on Presumption of Innocence. ECHR Precedent 193Gabriela Nicoleta Chihaia, Silviu Gabriel Barbu Comparative Analysis of the Maintenance Contract and its Legislative Evolution 199Ioana Nicolae The Definition of the Pre-Emption Right and the Meaning of the Pre-Emption Notion in the Romanian Law

203

Constantin Ioan Gliga, Adina Iulia Foltis

The Pre-emption Right within the Copyright Domain 208Adina Iulia Foltis, Constantin Ioan Gliga Theoretical and Practical Aspects Regarding the Simple Ordinances Issued by the Romanian Government

214

Dan Olimpiu Gabor, Oana Saramet, Anamaria Toma-Bianov A Four Paradigm Approach to Securing Communications in the Judicial System 220Paul Balanoiu Results of the Fight against Software Piracy: Criminal Conviction of Companies for Copyright Related Crimes

225

Marinela Loredana Balanoiu, Paul Balanoiu The Implementation of an Inheritance Tax in Romanian Legal System 229Cristinel Murzea Cooperation between EU Member States to Prevent International Tax Evasion and Fraud 235Adrian Constantin Manea, Laura Manea Burial vs. Cremation in Romania – A Legal Perspective 241S.-D. Schiopu Legal Classification of the Offence of Installing a Card Magnetic Band Reading Device ("Skimmer") within the Cash Machine Slot

247

Marian Drilea-Marga The Rights and Freedoms Judge and the Preliminary Chamber Judge. The Investigating Judge and the Judge for Liberty and Custody. Comparative Legal Aspects

252

Francoise Toillon, Marian Drilea-Marga, Ramona Lorena Paraschiv The Trademark of Social Responsibility, an Instrument to Implement a Socially Responsible Attitude to Small and Medium Companies in Romania

258

Laura Muresan, Cristian-Romeo Potincu Economics of Legal Education in Brazil 264Julio Pinheiro Faro Homem De Siqueira, Daury Cesar Fabriz Practical Aspects Regarding the Tort Liability for Press Offences 271Ciurea Andreea Catalina, Spirchez Georgeta-Bianca Aspects Regarding the Legislative Power in the European Union 275Constanta Matusescu, Cristian Mares Student Mobility for Study in the Context of the Application of New Learning Technologies 281Corina Musuroi, Ioana Iacob, Alexandra Spataru Important Proposals for Solving Research Problems in the Romanian Higher Education 286Alexandru Jivan, Adina Popovici, Miruna Nachescu Effective Training for ES Implementation: A Comparative Study 292Abdullah S. Al-Mudimigh, Mona Jamjoom, Zahid Ullah Ecological Justice and the Matter of Fair Distribution 297Gabriela Ratulea, Daniela Sorea

Presentation Principles, Persuasion Techniques and Influencing Strategies of the Intellectual Property through Scientific Information

301

Ion Petrescu, Camelia Stefanescu The Principles of Elaboration of the Normative Acts 305Mihai Grigore, Ivan Vasile Ivanoff, Rada Postolache, Steluta Ionescu, Manuela Nita Considerations over the Right to Life and the Use of Fire-Arms within ECHR Legislation and Romanian Jurisprudence

310

Aldea Adrian Factors that Influence Students’ Attitude Towards Copying and Plagiarism 315Daniela Sorea, Mariana Borcoman, Gabriela Ratulea The Legal Regime of the Banking Deposit 319Rada Postolache, Mihai Grigore, Steluta Ionescu, Ilioara Genoiu, Manuela Nita The European Court of Human Rights - Historical Presentation 324Lavinia Mihaela Vladila, Ilioara Genoiu, Stelua Ionescu, Danil Matei, Mihai Grigore Mechanisms of Jurisprudential Unification in the Romanian New Codes of Procedure 329Steluta Ionescu, Rada Postolache, Lavinia Vladila, Ioana Popa, Mihai Grigore Academic Management and Graduates’ Integration into the Labour Market 336Iosif R. Urs, Sorin Ivan Public Choice and Mass Media 343Diana M. Popescu The Connection between Information Technology and Law Education 347Carmen Adriana Gheorghe Authors Index 352