FLEXIBLE FORMS OF EMPLOYMENT. A PANORAMIC VIEW OF THE ISSUES FROM PERSPECTIVE OF LABOUR LAW

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 147-157
Author(s):  
Jerzy Wratny
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Working Time ◽  
Social Aspects ◽  
Labour Law ◽  
Panoramic View ◽  
Negative Results ◽  
Role Of The State

The notion and the classification of the flexible forms of employment including working time solutions and work carried out under civil law contracts have been presented in the study. The premises of the growing flexibility of employment in technological, economic and social aspects have been discussed as well. According to the opinion of the author flexibility of employment is an ambiguous fenomenon having at the same time chances and threats both. Although the role of the state and legal system is to protect workers from negative results of some solutions.

scholarly journals Civil law and the role of the State

2021 ◽  
Author(s):  
Attila Harmathy
Keyword(s):  
Everyday Life ◽  
Legal System ◽  
Civil Law ◽  
Present Situation ◽  
Public Law ◽  
The State ◽  
Role Of The State

Abstract The profound changes in both everyday life and the legal system over the last hundred years have transformed civil law as well. While the notion that civil law concerns relationships of private persons still prevails, the traditional public law–civil law division now seems questionable. This paper points out some of the key changes in civil law within the framework of the transformation of the legal system as a whole, and seeks to outline a different approach that may help better to understand the present situation.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

scholarly journals CLASSIFICATION OF INVALID TRANSACTIONS IN PRESENT LAW DOCTRINE OF EUROPEAN COUNTRIES

10.23856/4624 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 190-194
Author(s):  
Roman Tashian
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Civil Law ◽  
European Countries ◽  
Ancient Rome ◽  
Relevant Today ◽  
The Times ◽  
Traditional Approaches ◽  
The 19Th Century

The aim of this paper is providing the analysis of the classification of invalid transactions into void and voidable, which is recognized in many countries. This classification takes roots from the times of Ancient Rome, and was further developed in the 19th century thanks to the works of pandectists, primarily F.K. von Savigny and B. Windscheid. Today many European states are reforming their civil legislation. This fact allows us to take a fresh look at many institutions of civil law. In addition to the traditional approaches that are characteristic of the countries of the pandecto system, special attention should be paid to the “theorie moderne”, which is widespread in the countries of the Romanesque legal system. In the context of the invalidity of transactions, the article analyzes the provisions of the legislation of the leading European countries – Germany, France, the Netherlands, Italy, Spain, Belgium. Based on the above, it is concluded that this classification of the invalidity of transactions has not lost its meaning and is relevant today.

scholarly journals PROFESINIŲ SĄJUNGŲ MONOPOLIS KAIP TEISINIS JŲ VEIKLOS PAGRINDAS. LENKIJOS ATVEJIS

Teisė ◽  
2013 ◽  
Vol 89 ◽  
pp. 69-83
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Freedom Of Association ◽  
Labour Law

Straipsnyje analizuojamas profesinių sąjungų steigimosi ir statuso teisinio reguliavimo aspektas. Autorius analizuoja Lenkijoje istoriškai susiklosčiusią situaciją, kai profesinėms sąjungoms teisės aktais buvo suteiktas darbuotojų atstovavimo kolektyviniuose darbo santykiuose monopolis. Straipsnyje taip pat keliamas civilinės teisės reguliuojamos įsisteigimo laisvės ir darbo teisės garantuojamos asociacijų laisvės santykio klausimas. The article analyses the legal aspects of the establishment of trade unions and the legal regulation of trade unions status. The article is based on Polish legal system where monopoly of the trade unions representation is historically established. The author also tries to find the answer on the relation between civil-law regulated right to establish and the labour law right to freedom of association.

On media censorship, freedom of expression and the risks of journalism in Mexico

2019 ◽  
Vol 35 (4) ◽  
pp. 666-670 ◽  
Author(s):  
Fidel González-Quiñones ◽  
Juan D Machin-Mastromatteo
Keyword(s):  
Social Media ◽  
Mass Media ◽  
Freedom Of Expression ◽  
The State ◽  
Corporate Groups ◽  
Role Of The State ◽  
The Mass Media ◽  
Media Censorship

We present a classification of the types of censorship of media to frame the various issues that journalism and freedom of expression face in Mexico, which mainly include the role of the State in preventing or enforcing censorship, the monopoly of a few corporate groups that control most of the mass media and dictate fixed editorial lines throughout all of them, the effect of violence on journalism and the issues that are emerging around the freedom of expression in social media.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

scholarly journals The state and environmental management: general regulatory issues

2021 ◽  
Vol 7 (3) ◽  
pp. 168-173
Author(s):  
Evgeniy E. Tonkov ◽  
Natalya A. Kosolapova ◽  
Sergey Yu. Sumenkov ◽  
Yury A. Kondrashov ◽  
Yulia V. Aleksakhina
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
International Law ◽  
The State ◽  
Research Focus ◽  
Role Of The State ◽  
Foreign Countries ◽  
The Social

Now environmental protection is a priority in managing problems at the social, legal, economic, and political levels. The authors set the task based on the importance of the role of the state– to analyze the state policy of Russia and several foreign countries in the direction of environmental management. The research focus concerned the classification of the main policy areas of environmental management regulation and the identification of problems related to special state activities in this area. As a result of the study, the authors concluded that the terminology in the field of environmental management is insufficient elaboration, a generalized international law enforcement practice and an effective security mechanism are absent and there are many resulting contradictions related to the above in public policies in the field of environmental management at various levels.

scholarly journals Umowa o pomocy przy zbiorach — nowa podstawa prawna zatrudnienia

2019 ◽  
Vol 117 ◽  
pp. 21-28
Author(s):  
Izabela Florczak
Keyword(s):  
Labour Market ◽  
Working Conditions ◽  
Opposite Direction ◽  
Legal System ◽  
Civil Law ◽  
Labour Market Policy ◽  
Legal Basis ◽  
Labour Law ◽  
Market Policy ◽  
Subject And Object

THE HARVEST HELP CONTRACT — A NEW LEGAL BASIS OF EMPLOYMENTThe labour market policy that has been developed in previous years seems to promote employment based on the labour law relationship over civil law employment. The exact opposite direction is set out by the introduction of the harvest help contract. The rationality of its introduction into the legal system is explained by economic reasons — the need to help farmers with jobs which are characterized by increased seasonal intensity. Therefore, it is important to discuss the scope of its application both in terms of subject and object matter and the conditions under which farmers’ helpers should provide their work. Their differentiation of the working conditions in comparison to other employed persons should be rationally justified by axiological reasons.

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