Bulletin of Transilvania University of Brasov. Series VII Social Sciences and Law

from January 2009
Last Number: January 2014

Transilvania University of Brasov
ISSN 2066-7701


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Nbr. 56-1, January 2014

Sociology and Anthropology

The Quartet for the Middle East - A Decade of Activity

The theme of the paper is focused upon the problem of the Israeli-Palestinian conflict and the implication of the Quartet for the Middle East, this year the organisation is celebrating a decade of activity. The Quartet plays a significant role in the context of the Middle East Peace Process (MEPP) as a political group with four important members (the UN, the Russian Federation, the USA and the European Union). This paper presents a few strategies of the Quartet for the Middle East concerning ...

Digital Anthropology: Theoretical Perspectives regarding Electronic Tribes

In this article I approach several theoretical perspectives regarding electronic tribes. Throughout this article, I reveal several arguments about how the flexibility and speed of electronic media has determined new ways of defining human interaction. I also emphasize some of the cultural implications entailed by the emergence of electronic tribes. In the end, I discuss about the relation between e-tribes, ‘cyberscapes’ and cyberspace. I argue that, just as the real cultures include complex s...

Psychology and Pedagogy

Amasya Province in the Centre of Advanced Learning of Vocational Maturity Levels of Students According to Different Variables

Choice of profession is a decision which has deep impact on our overall life. Therefore, it is vitally important to make the right decision when we are choosing our profession. The aim of the present study is to investigate vocational maturity of high school students according to different variables. The universe of the research was consisted of high schools in the Amasya City; while the research sample was consisted of 225 students; 110 females and 115 males from 9 different types of high sc...

Social Work

Sociality and Medicalization of Ageing

Our everyday health is a key element for analysing individual life courses, well-being and malaise, social rights and the system of social and gender inequalities. The race for improving performances, on coming of the of old age, sometimes turns well-being and malaise into the two faces of the same medal first in a diachronic and then in a synchronic perspective. The aim of our research is to pinpoint, through a quantitative and qualitative methodology, when, where and why people request inva...

The Expansion of Patients' Rights in Europe: A New Perspective for Healthcare Abroad

This article aims to reflect on the enlargement of patients’ rights in Europe and the future effects of the application of the provisions of EU Directive 2011/24 on cross-border healthcare. These new rules, in fact, if properly implemented, could contribute to a more responsible management of health care, to counter the inefficiency of the health facilities, to contain the phenomenon of waiting lists and to allow a more concrete freedom of care. But they can fully achieve their goal only if r...

The Social Work Supervisor: Skills, Roles, Responsibilities

The paper presents theoretical aspects concerning the supervisor's competences, skills, roles and responsibilities, as well as practical aspects, based on the supervisory work involving two groups of social workers in Bihor County. Apart from a well-grounded theoretical and practical training and experience held by the supervisor, supervision also requires additional skills. The supervisor's ability to spot and solve problems, to facilitate reflection and encourage expression, the capacity to...

Law

3D Application for Fingerprint Identification

The demonstrations of fingerprint identification presented so far are based on the examination and processing of digital images in a twodimensional system, providing biometric limitations for evaluation when having to deal with the identification of a person from whom we only have a print which does not contain sufficient identification elements or when the print was deposited on a soft base (dough, paint, silicone, wax, gel, etc..), difficult to reveal by traditional methods, the only method...

Recognition of a Person based on the characteristics of the Iris and Retina

Biometric solutions address the fundamental problems of recognizing a person based on features of the iris and the retina, because a person's biometric data are unique and cannot be transferred. Biometrics are automated methods of identifying a person or verifying the identity of a person based on morphological or behavioural characteristics. Examples of morphological characteristics include images of the hand, finger, facial features and recognition of the iris. Behavioural characteristics a...

The Paulian Action within the Regulatory Context of Law no. 287/2009 concerning the Civil Code

The term Paulian Action originates in Roman law, where it was a class action carried in the name of all creditors by a curator bonorum, with the effect of obligating the debtor to pay the defrauded creditors an amount equal to the value of the alienated assets. As will be shown, in current legal practice the action is individual and benefits only the creditor who files suit. The term of revocatory action was coined by its main effect, namely of inter partes rescinding of the attacked deeds, w...

New Regulations regarding the Judicial Authorities Deciding on Preventive Detention

The new Romanian Criminal Procedure Code, ruling from 1st of February 2014, brings a new philosophy regarding the judicial authorities that may order preventive detention within criminal investigation proceedings. The previous regulations simply enumerated the judicial authorities responsible for deciding preventive detention while the new law describes the judicial duties of these authorities, allowing the lawmakers much more flexibility in designating the authorities in charge with preventi...

Corruption Offenses: Elements of Differentiation between the new Penal Code and the old Regulation

This article aims to make a foray into the matter of corruption offenses, based on the differentiation elements between these offenses as they were regulated in the previous laws and in the new Penal Code. Corruption offenses, stated in the first chapter of the fifth title were elaborated considering the regulation of these facts in the previous Penal Code and the regulations of Law no 78/2000 for the prevention, discovery and sanctioning of corruption facts; also, the fact of aligning our na...

The Jurisdiction of Private International Law Regarding the Claims of Immovable Property

The analytical presentation of international legal rules and issues raised in relation to the casuistry presented, proved to be the essence of a study that addresses the jurisdiction of private international law in matters relating to premises’ applications. The legal interpretation developed both in the reports o the Brussels and Lugano Conventions and the Court of Justice of the European Union (hereinafter, ECJ), through a long and constant jurisprudence, has generated enforcement incidents...

Succession Problems in the Context of the New Civil Code and in International Private Law Relations

This study provides an overview of the main succession-law institutions, as they were regulated by the coming into force of the new Civil Code, of the international private law relations in terms of succession. It also highlights the tendency of European Union legislation in this area, given the international and cross-border successions, which raise numerous lawapplication and qualification problems, inclusively the recent adoption of the European Parliament and European Council Regulation, ...

The Preemptive Right Regulated by Law no. 17/2014

The alienation by sale, of the agricultural land located outside the city limits is subject to the preemptive rights of co-owners, lessees, owners in the neighborhood as well as of the Romanian state, through the State Property Agency, in this order, at the same price and on equal terms. If no one wants to buy, only then the owner can sell the land to someone else, including foreign citizens or foreign legal entities falling in the conditions imposed by art. 2 of Law no.17/2014.

Normal Behaviour vs. Simulated Behaviour

Simulated behavior is based on a principle known since the antiquity: the psycho-somatic interdependence, meaning the logical report between the functioning of the body (the somatic general laws) and the ‘soul’ (the general psychic laws). Even though there are still unknown factors in this field, it is without a doubt that some physiological phenomena appear accompanied by determined psychic phenomena, which in actual fact means that the appearance of one of them represents proof of the other...

The Conditions of the Documents (Contracts) on an Unopened Heritage

Inheritance agreements have been defined in reference books as those contracts concluded between two or more successors or third parties intended to govern definitively and in advance, one or more successions still unopened, or those conventions through which possible rights over an unopened legacy are totally or partly assigned. The reason to ban legal documents (contracts) on an unopened legacy concerns several aspects. Thus, it was initially argued that the basis of this ban would be one o...

The Investigation Methodology in Tax Evasion Offenses. Amendments Brought by the New Code of Criminal Procedure

The issue of tax evasion is now a constant concern of all countries in the world, being regulated differently in relation to the financial and economic implications, the way in which they were committed, the principles underlying the fiscal policy of the authorities or of the investigative methodology. In terms of investigating crimes of evasion, it must be said that the method is specific to the investigation of financial and economic crimes in general, with some specific issues related to t...

The Transparency and Integrity of the Capital Market in Romania

Capital market regulations at EU level are focused on applying and compliance of the Member States with the principles of investors’ protection on the capital market, as a practical and effective measure for increasing the credibility in the public eye of the investment transactions on the capital market, to stimulate resources available through the capitalization of financial instruments on the market and therefore to ensure the capital flow on the market in correct, real and equitable condi...

Elements of Comparative Law Regarding the Protection of Securities under Criminal Law

The advantages of investing the available money resources through financial instruments, capital market transactions, are speculated by the companies that need funding and who propose potential investors several types of securities, and not infrequently, the capital market participants turn to various methods in order to influence the investment decision, methods that violate the prudential or conduct rules laid down at the market level through the regulatory framework. Given the importance o...

The Legal Time of Conception - Its Influence on the Child's Paternity and his/her Recognized Rights

Establishing the legal time of conception is important both for establishing the paternity of a child inside marriage and outside of marriage and for the child rights to be recognised from the moment of his conception, as a component of his early capacity of use. This is the reason why the legislator’s intervention is essential in securing the legal time of conception. It is admitted that, by scientific evidence, the presumption of paternity, which has a relative character, can be inverted, m...

Theoretical Considerations on the Concept of Part in Context- Civil Code

The subjects of law, bound by substantive law relationships, enter into new relationships of a procedural type, from creditors or debtors they become plaintiffs or defendants and together with the plan of substantive civil law relationships in this context the plan/level of civil procedural relationships also emerges. In this context, we will examine the concept of "parties", trying to define it and to determine the theoretical and practical interest of this approach.

A Comparative Analysis Regarding the Obligation of Result and the Obligation of Conduct (of Means) in Civil Law

This study proposes to achieve a comparative analysis with regard to the obligation of result and the obligation of conduct in civil law, from a perspective of the professional duties and responsibilities arising out of a lawyer’s practice. The point of departure in this analysis consists in an overview including the main forms of social responsibility, continuing with juridical responsibility, with a main focus on the problematic of civil responsibility in both of its forms - contract respon...

Selecting and Training Police Agents

Preparing a candidate for a police career begins in high school, like the "Vasile Lascar" Police Agents School, Campina or the "Septimius Muresan "Police Agents School in Cluj-Napoca, and continues with training in a specialized public institution of higher education: the "Alexandru Ioan Cuza" Police Academy. From the student years, legislation and specific training provide a different status for students at the Police Academy, given that the curricula are different and specific. In their wor...

Identifying and Explaining the Executive Terminology Established by Foreign Constitutions in States Acknowledging a Presidential Regimerning the Civil Code

Identifying the executive, its structure, determining its relationship with the legislative and with the judicial power, identifying the election, designation and appointment procedure for the members of the executive, can be done by determining, based on the constitutional norms of the various states, the political regime establishing the organisation and functioning of its powers. It is also necessary to mention the fact that from the point of view of the form of government, each state has ...

Opposability and Effects of Debt Assignment

Nowadays, the modern trends and the more frequent use of debt assignment have led, both in comparative law and in the Romanian legislation, to a different approach on the assignment of receivables. We find this approach more fair and more accurate than that in the previous Romanian Civil Code, taking into consideration, on the one hand, the effect of assignment, namely the transfer of a right (the right to receivables) and not of a tangible asset, as well as, in fact, as shown above, debt ass...

Voinescu, S.: Absolute and Relative Nullity of Legal Transactions under the New Civil Code

This article is aimed at a very detailed approach of the question of nullity of legal deed as provided by the New Civil Code, which brings important new elements in this matter. The research is based on the theoretical considerations of the article writer, who also quotes other writers, on the conclusions derived from the national and european case law on nullity, as well as on the relevant elements of comparative law. Several civil codes have been taken into consideration, firstly the Civil ...

Communication and Public Relations

The Romanian Mayor - Present and Future Image

Starting from the legislative aspects regarding the function of mayor, a five category scale was drawn (honesty and ethics, incorruptibility, competence, transparency and efficiency) and used within the communicational content of three daily newspapers ("Libertatea", Jurnalul National, Adevarul). The research emphasized the manner in which the image of Romanian mayor’s dimensions are being presented by written media and highlighted which are the specificities when it comes to presenting each ...

Statistical Weight of the Entertainment Programs in Romanian TV

In the recent years, a series of studies on the evaluation of television content were published. The results lead to a multitude of health consequences including on a psychological and educational level. This paper investigates the Romanian entertainment domination, the producers being interested in public attraction and sensitive to their needs.

The New Concepts Shaping the Marketing Communication Strategies of Museums

Museums play an important role in promotion of the tourism industries and creating local jobs. Being related with the consumption of the people’s leisure time, museums should build marketing communication strategies inspired by the successful activities adopted by other entertainment industries and learning institutions competing for the same people’s attention and interest. The aim of all visitor-oriented approaches is to produce an immersive visitor experience and that can be created by usi...


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