The Importance of Characteristic Performance Theory in Determining the Most Suitable Law for the Weaker Party in the International Labor Contract
An Analytical Comparative Study
DOI:
https://doi.org/10.24086/cuejhss.v7n2y2023.pp115-122Keywords:
International labor contract, flexible connection, characteristic performance, weak party, applicable lawAbstract
This research is concerned with studying the importance of the characteristic performance theory in protecting the weak party in the contracts, in which the bargaining power is not equivalent between the contracting parties. In spite of the intervention of the law by imperative legal rules to protect the weak party. The most considerable among these contracts is the labor contract, featured by the non-equivalence of the bargaining power between the employer and employee. Which leads to the damage inflicted to employee's interests. If the chosen law or the law of will is to be applied on the international labor contract. Therefore the role played by the characteristic performance theory will be obvious in determining the most suitable law to the weak party by the flexible attribution or connection of the contractual relation intervened with a foreign element. Instead of the rigid attribution or connection, in accordance with the theory of objective localization of the international private relation. And the characteristic performance theory is applied by the latter theory, via the flexible but not rigid connection
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