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Labour law and civil law principles in the enforcement of employment contracts
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s:  Antonio Viscomi 
Year:  2010 Issue: 128 Language: Italian 
Pages:  63 Pg. 595-657 FullText PDF:  757 KB
DOI:  10.3280/GDL2010-128003
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This paper analyses the performance of the employment contract as a meaningful case-study for understanding the intersections between Civil and Labour Law and as a parameter for evaluating the state of the relatives boundaries between the two disciplines. After some methodological premises (permeability of separation line between Civil and Labour Law; a coherent cognitive paradigm to gather, represent and integrate increasingly complex orders of interest; brittleness of the methodological formulations, characterized by an exasperated highlighting of the expected effects and by a parallel devaluation for every logical and cultural connection with the system as a whole), the Author proposes an appropriate consideration and a suitable evaluation of the complexity of the contractual relationship. Viewed from the perspective of Labour Law, the discipline of contractual performance offered by the Civil Law is enriched with new contents and ideas, both due to the aforementioned complexity of the exchange, and because of the constitutional importance of the interests involved in the contractual interplay.
Keywords: Employment contracts; Obligation; Performance; Legal method; Complexity; Labour Law

Antonio Viscomi, Labour law and civil law principles in the enforcement of employment contracts in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 128/2010, pp. 595-657, DOI:10.3280/GDL2010-128003

   

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