Modalities of the legal civil act (civil contract) versus modalities of the individual labour contract. Term and condition Cover Image
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Modalităţile actului juridic civil (ale contractului civil) versus modalităţile contractului individual de muncă. Termenul şi condiţia
Modalities of the legal civil act (civil contract) versus modalities of the individual labour contract. Term and condition

Author(s): Marioara Ţichindelean
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: fixed term individual labour contract; standstill and extinctive term; condition precedent and subsequent; social protection;

Summary/Abstract: By reviewing the two legal acts, i.e. legal civil act (civil contract) and individual labour contract, this study is intended to identify the characteristics of the modalities that could affect these acts, the description of the applicable legal regime, the priority of this action being to emphasise the autonomous character of the two areas of the law, the civil law and the labour law. The principles which govern the international and national labour law, the aggregate protection measures for the employee are sufficient arguments to consider that the individual labour contract can be affected by (standstill and extinctive) term and condition precedent. If the aspects regarding the term have not given raise to discussions in the doctrine, the possibility for this act to be affected by a condition has determined opinions which have crystalized and asserted themselves in time also due to the development direction of the employment relationships.

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 42-54
  • Page Count: 13
  • Language: Romanian