حدود تطبيق قاعدة العقد شريعة المتعاقدين على عقد العمل

Authors

  • م.د. علاء كاظم حسين الرويشدي كلية القانون / جامعة الكوفة

DOI:

https://doi.org/10.61353/ma.0160325

Keywords:

Objective standard, voluntary standard, fundamental issues, detail issues

Abstract

     Working in the private sector leads to achieving many benefits, the most prominent of which is its support for the national economy by revitalizing all areas of investment, and generating national expertise to support economic development in all fields. It also reduces the burden on the public sector, and because of this importance we find that private legislation At work, it is characterized by special legal texts that differ from the texts in the rest of the other contracts, which are characterized by the fact that their provisions are characterized by stability and rigidity in the aspect that relates to the rights of the worker, to the point that they are characterized as imperative texts of public order that cannot be agreed upon otherwise, and any rule ceases to be applied to them, including This is the rule of the contract under the law of the contracting parties in the event that it conflicts with its provisions . However, in the recent period, a judicial trend has emerged that has led to highlighting the application of the contract rule, the Sharia of Contracting Parties, to the employment contract .

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Published

31-03-2024

How to Cite

حدود تطبيق قاعدة العقد شريعة المتعاقدين على عقد العمل. (2024). Al-MAHAD Journal, 16, 325-338. https://doi.org/10.61353/ma.0160325

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