Nulitatea în dreptul muncii – sora vitregă a nulităţii din dreptul comun – expresie a autonomiei dreptului muncii faţă de dreptul civil
Invalidity in the labour law – the stepsister of the nullity in the common law – an expression of the autonomy of the labour law as compared to the civil law
Author(s): Mădălina IordacheSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: labour law; autonomy; invalidity;
Summary/Abstract: Following the adoption of the Civil Code in the year 2009 and its entry into force on the 1st of October 2011, some opinions were expressed in the doctrine regarding the areas of law which, until its publication, were deemed as autonomous in relation to the civil law, namely, commercial law, by establishing the civilian nature of the commercial relationship, of the family law, which comes a special law. As regards the labour law, the theory of the autonomy of the labour law is further supported by the theorists of this area of law, an opinion which, we, in turn, adopt and promote at the same time. In this study we intend to examine one of the most important legal institutions in the labour law – invalidity –, demonstrating that the autonomy of the labour law as an area is not only highlighted by the practical side of the university curriculum, but also through the agency of any legal institutions to which specific labour law rules and principles shall be applicable, which are inconsistent with those applicable in the civil law.
Journal: Revista Română de Drept Privat
- Issue Year: 2019
- Issue No: 04
- Page Range: 285-303
- Page Count: 19
- Language: Romanian
- Content File-PDF