La norma inderogabile nel diritto civile e nel diritto del lavoro tra efficienza del mercato e tutela della persona

Translated title of the contribution: [Autom. eng. transl.] The mandatory norm in civil and labor law between market efficiency and personal protection

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The essay examines the category of the mandatory rule through a systematic comparison between civil law and labor law. From this perspective, labor discipline appears to be able to make a significant contribution to a better understanding of the entire contract law, above all to the extent that it makes it extremely It is clear that the existence of a competitive market, even if it guarantees the optimal allocation of resources, does not necessarily ensure contractual justice or prevent the disparities in economic power being translated into a negotiating regulation that excessively benefits a party to the detriment of higher interests other. In order to protect the weaker contractor, the law therefore limits the freedom of the contractors to determine their content, as well as that of dissolving the relationship they have freely established. Therefore, a reconstruction of the irrevocability in terms of the unavailability of an interest, which belongs to the worker and not to the entire community, is justified. In order to identify the mandatory rule, the interpreter will therefore have to ascertain, on the basis of a narrow positive law investigation, the existence of a specific element of unavailability in the legal case or in the applicable regulation in the event of violation of the law, not being able to share the opinion that derives the enforceability of these rules from the interest of the community to the protection of the worker as a weak contractor, regardless of the examination of the protection provided for by law.
Translated title of the contribution[Autom. eng. transl.] The mandatory norm in civil and labor law between market efficiency and personal protection
Original languageItalian
Pages (from-to)165-181
Number of pages17
JournalRIVISTA GIURIDICA DEL LAVORO E DELLA PREVIDENZA SOCIALE
Publication statusPublished - 2008

Keywords

  • diritto civile
  • diritto del lavoro
  • disciplina generale
  • economia
  • efficienza
  • indisponibilità
  • mercato
  • norma inderogabile
  • persona
  • regole speciali
  • uguaglianza formale
  • uguaglianza sostanziale

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