The abuse of right in labor law. The resignation
The abuse of right in labor law. The resignation

Summary/Abstract: The abuse of rights has been and remains a topical theoretical-practical research subject that involves a series of legal mechanisms in an attempt to reduce or eliminate the effects produced. Situated on the immediate border of the excessive exercise of rights, the abuse of rights produces a series of negative consequences for the addressee(s) (either patrimonial or non-patrimonial), while the efforts of judicial practice and doctrine to identify, propose and create a normative framework for the application of certain effective sanctions are notable.The concept of abuse of rights has had its doctrinal recognition since the end of the 19th century. Despite the currently unanimous doctrinal, jurisprudential and legislative recognition, the judicial protection of the injured rights and the reparation of the damage caused by such circumstances is insignificant compared to the magnitude of the phenomenon.The present study analyzes the doctrinal evolution and the foundation of the concept of abuse of rights, its application and manifestation in labor law, especially in the case of the institution of resignation.

• Details
• Contents