Civiel recht en arbeidsrecht in de beeindiging van de arbeidsovereenkomst: Nietigheid, ontbinding en overmacht. (Dutch text);.

摘要

The purpose of the dissertation is to study illegal, void and voidable contracts of employment. In addition attention will be drawn upon de resolution and the frustration of the employment contract.; I have investigated to what extent the civil law rules concerning illegal and unenforceable contracts with respect to the resolution and the frustration are compatible with the specific rules of labour law.; My research especially focusses on the rules regarding the suspension of the employment contract and the dismissal. Special attention was given to the terminating effect of the above mentioned civil law constructions. These problems were examined both from Belgian law and using comparitive legal analysis.; In the study of the above mentioned civil law figures, first the theory of the autonomy of the labour law is examined. In this respect, I also deal with the application of the theory of the "evasion of the law" on the employment contract.; In the corpus of the book, both the invalidity and the resolution of the employment contract, as well as the consequences of the frustration are confronted in detail with the autonomy of labour law.; In the first part, among others, problems relating to the lack of consent are examined. This allows me to formulate a number of propositions relating to the rules of engagement of labour. The study of the unlawful motive and of the illegality of object illustrate the relationship between labour law, coercitive law and the public policy. This provides a better understanding of the statutory regulation of the illegal and void employment contracts. In addition, this analysis explains the extended field of application of many labour statutes.; The second part, concerning the resolution of the contract, subsequently deals with the resolution as a consequence of fixed term, the resolution due to the non-performance of the contract and with the condition subsequent. In this part, I also explain the role of certain fundamental human rights for the individual labour relation.; In the final part, attention is drawn upon the problem of frustration. It concerns especially certain aspects of the individual labour relation, such as the inability to work, the employment of aliens as well as some aspects of industrial action like strike and lock-out.