Este suficientă o reglementare legală expresă a unei noţiuni pentru ca aceasta să fie funcţională? – studiu comparativ privind concedierea pentru necorespundere profesională în România şi Franţa
Does an express legal provision make for a functional legal concept? – Comparative study on dismissal for professional unfitness in Romania and France

Summary/Abstract: This paper is a comparative analysis on legal provisions and relevant case law on dismissal for professional unfitness in Romania and France with the objective of establishing if an express legal provision can make for a functional legal concept in absence of a constant jurisprudence, or a constant jurisprudence can make up for the absence of an express legal provision. For this study Romanian and French legislation were chosen because of their different standing on the need for an express regulation for the dismissal on professional unfitness, with Romania having an express provision on the matter since the 1950’s, that is rarely put into practice and with France using a general legal provision that is commonly used.

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