Original scientific paper
https://doi.org/10.3935/zpfz.73.23.12
Subsidiary Application of General Law of Obligations on Labour Law Relations
Saša Nikšić
orcid.org/0000-0001-6170-1781
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
The paper analyzes the application of the rules of the Obligations Act to contracts and other legal transactions regulated by the Labour Act. In addition to the fact that the Labour Act provides for a subsidiary application of certain rules of the Obligations Act, their application also results from the relationship between general and special regulations in the area of contract law and liability for damage. Therefore, different rules of the Obligations Act can be applied to employment relations in the following cases: 1. general rules of the Obligations Act regardless of the legal basis of their origin, i.e. regardless of whether they are contractual or non-contractual in nature, 2. general rules on contractual relations, 3. general rules of non-contractual law (civil liability, unjustified enrichment and negotiorum gestio), and possibly also 4. rules on specific contracts.
Keywords
labour law; principles of law of obligations; civil liability; labour contract; contract for works; mandate contract
Hrčak ID:
308883
URI
Publication date:
16.10.2023.
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