Abstract. In a possible formulation, the labour contract is the one by which a person (the employee) provides, against payment, its activity to another person (the employer), under the authority and direction of the latter. The object of the employee's obligation is therefore a sequence of acts, an activity that occupies his time; in a first and very rough approximation, it could be said that the state of occupation of an employee is the opposite of the state of his inactivity. But not all situations of inactivity fit the legal notion of non-effective occupation: only fit in this case the situations that, cumulatively, are inherent to the employer (and arising by his determination), do not change the formal legal status of the employee (at least tendentiously), do not have specific legal treatment as autonomous institutes, and whose justification is somewhat dubious (at least). Keywords: Labour Law; Employee; Effective occupation.
Abstract. Over the past recent years, a trend of public administration to exer- cise its power (within the fields of planning and urban development) by means of contracts or other bilateral ways of cooperation with individuals, instead of using (the traditional) unilateral actions, has become noticeable The emergence of this tendency, coupled with the wide diversity of contracts with objects relat- ed to planning and land development, has urged the Commission and the ECJ to act in order to prevent such type of contracts from escaping the application
Abstract. This article has as its scope the study of the built-to-suit contract and the innovations introduced by Law no. 12.744/12. In this perspective, we seek to perform a reflection on the contractual relationship, highlighting, among others, the rights and duties of lessor and lessee and the economic interests permeating the issue. Lastly, after investigating the legal treatment involving the theme, we approach the theme of the juridical security brought by the creation of the new legislation on the built-to-suit contract, so as to guide the resolution of polemic issues when applying the dispositions of the lease law.
Examples of Abstract in a sentence
Abstract: The present work intends to evaluate and present a proposal related to social security financial relief by encouraging the signing of the employment contract of the person with disabilities, stimulating human dignity and the social function of work.
Abstract: The present work aims to analyze the validity and effective- ness of the dating contract in the Brazilian Legal System.
THEIR INAPLICABILITY WHEN THE EMPLOYER IS A NATURAL PERSON OR SMALL ENTREPRENEUR Abstract: In modern legislation the standard is work contract es- tablished for an indeterminate period, reserving contracts by specific period of time for special situations expressly provided on legal ordinances.
Abstract: The present research has as general objective the anal- ysis of the application of the principles in the labor law in the present day, especially in the contractual relation labor.
Palavras-chaves: Arroz; Brasil; Derivativos Agropecuários; Mercados Futuros Abstract One of the main commodities produced and consumed in Brazil, with importance to Brazilian food safety, the rice has not a currency futures contract negotiated in the country.
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Abstract. This research aims at to analyze of the legal point of view, the international contract, a pact elaborated between citizens that belong the different legal systems. It is applied it practically them same requirements of an internal contract, which is: qualification of the parts, description of the good, the gua- rantees (personal and real), the responsibility of each part (for ways them Incoterms), clauses of forms of conflict resolution (arbitration, mediation, amongst other forms), choice of venue clause (which order will be applicable). In Brazil, for force of the article 9º of the Law of Introduction to the Civil Code, imposes it the international contracts the effective legal system in the place where the obligation was contracted, that is, of the proponent. Thus, for example, a Brazilian when effecting a purchase in a site of another nationality, will not be able to demand the application of the Code of Defense of the Consumer.
Abstract. The problem in question in this research relates to the contract that establishes and legitimizes the State in Xxxxxx Xxxxxx thought. The aim is to scrutinize the possibility and/or impossibility to void the social contract and to verify the implications of this problem for the Hobbesian concept of sovereignty. According to the scholars of the Hobbesian work the interpretation that prevails about Leviathan is that one of a state in which sovereignty is absolute and irrevocable. The interpretation of a contract made between men, and only among men, not between men and sovereign, would provide legitimacy to an absolute obedience to the sovereign on an unrestricted basis. The hypothesis of this research is sustain the possibility to break, disobey, and more centrally nullify the social contract in case of disregard of certain fundamental terms, because those terms are conditions of validity of the social contract. If this can be sustained, i. e, if Xxxxxx share a strong theory of nullity of contract and this for the reason that we think is correct, then such a formulation would imply a reconsideration of his theory of sovereignty and obedience, given the establishment of certain strong ties that constrain the possibilities to demand sovereignty, and that constrain the authority and power of sovereignty. Therefore, the research focuses on finding an explanation and/or theorization of social nullity and its consequence for the theory of sovereignty and obedience in Hobbes thought. Key-words: contract, sovereignty, void, obedience. CAP I – O HOMEM: homo homini lupus 23
Abstract. The work "Dating contract and its validity before the Brazilian legal order" aims to study the concept of contract before Brazilian civil law, well as the instrument of the dating contract as a legal business, finally reaching the question of its validity in the legal sphere. For that purpose, the work begins conceptualizing the contract as a legal business and presenting the requirements for the legal act to be considered legally valid. Equally, the study aims conceptualize the loving relationship, identifying the assumptions that individualize dating in contemporaneity, presenting, consequently, the liquidity recognized in the affective relationships of today and the term "qualified dating", whose meaning is not confused with the institute of stable union. In this context, the study points out the peculiar characteristics of qualified dating, which do not allow confusing it with the institute of stable union, especially with regard to the objective of formation of a family entity and with respect to the patrimony Key words: Contract - Dating - Legal Validity.
Abstract. Private collective autonomy, even when allow the improvement of workers social status as a form of regulating working conditions, has not yet ensured the complete integration of collective bargaining in our legal system, due to the collision with inalienable rights and rules of public order. The proposed Special Collective Agreement (or Collective Agreement with Specific Purpose) has been trying to solve this impasse, aiming to improve the representativeness of our unions, placing Brazil in the first world of collective labor relations.
Abstract. The present work aims to examine the evolution of the nature of the loan contract from a real contract to a consensual contract, based on Roman law,
Abstract. The termination of the employment contract is provided for by the Consolidation of Labor Laws, however, it is widely debated by doctrines, such as which, appear with various forms of classification, such as: rescission, resolution and termination. However, this article classifies all modalities of termination of the employment contract as termination that were settled only in the forms of dismissal without just cause, with just cause, in agreement, indirect termination and fact of the prince. Before the specifics of the termination of the employment contract, constitutional and labor principles are generally and essential to ensure the valuation of social work, especially to guarantee tax rights, which is considered the insufficient part of the employment relationship. Furthermore, it is also verified that there are ways of terminating the contract in which the principles are not observed. Therefore, effective protection for the worker is not guaranteed, as in the case of unjustified dismissal, which, despite having benefits for a period, does not bring stability to use. In view of this, considering the constitutional and labor principles in view of the termination of the employment contract, in short, it appears that there is a notorious protection for the principle of human dignity, considered a basic value for the legal system.
Abstract. This article intends to analyze the transformations occurred in the Contract Law with the appearance of new principles that are applicable jointly with