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Relations arising from obligations in labour law
Havlík, Antonín ; Vysokajová, Margerita (advisor) ; Hůrka, Petr (referee) ; Chvátalová, Iva (referee)
Disertační práce Závazkové právní vztahy v oblasti pracovního práva 1 JUDr. Antonín Havlík Summary This paper focuses on private law obligations (chiefly of a labour law nature). This topic was chosen in the first half of 2008. I tried not to limit the interpretation to the substance of valid law only, but to contribute, within the range of the chosen topic, to discussion of labour law issues that are still open (and very important). I chose two theoretical issues. One was the method of incorporating labour law into the system of law, or, more precisely, the system of this branch of law into the sphere of private law - this concerns in particular the relationship to civil law and the relationship between labour law and public law. The second issue was seeking the optimal degree of restriction of contractual freedom in labour law relationships de lege lata as the basis for proposals de lege ferenda. The result of this (second) process - the content of the decision on the appropriate degree of peremptory regulation of relationships - has at the same time become a criterion for the evaluation of the statutory text. The above two subtopics were elaborated on top of the standard interpretation of the basic issues of private law obligations, with a focus on labour law obligations. Both individual labour law and...
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Relations arising from obligations in labour law
Havlík, Antonín ; Vysokajová, Margerita (advisor) ; Hůrka, Petr (referee) ; Chvátalová, Iva (referee)
Disertační práce Závazkové právní vztahy v oblasti pracovního práva 1 JUDr. Antonín Havlík Summary This paper focuses on private law obligations (chiefly of a labour law nature). This topic was chosen in the first half of 2008. I tried not to limit the interpretation to the substance of valid law only, but to contribute, within the range of the chosen topic, to discussion of labour law issues that are still open (and very important). I chose two theoretical issues. One was the method of incorporating labour law into the system of law, or, more precisely, the system of this branch of law into the sphere of private law - this concerns in particular the relationship to civil law and the relationship between labour law and public law. The second issue was seeking the optimal degree of restriction of contractual freedom in labour law relationships de lege lata as the basis for proposals de lege ferenda. The result of this (second) process - the content of the decision on the appropriate degree of peremptory regulation of relationships - has at the same time become a criterion for the evaluation of the statutory text. The above two subtopics were elaborated on top of the standard interpretation of the basic issues of private law obligations, with a focus on labour law obligations. Both individual labour law and...
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