5438
Replacing the Pactum de Quota Litis in Labor Claims with Collateral Damages. -- Abstract: There is a double reproach to the litis quota pact in labor credits currently admitted by Argentine positive law. The first of them is that it supposes an exception to the prohibition of assigning those credits...
Guardado en:
| Autor principal: | |
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2021
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_5438 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_5438.dir/5438.PDF |
| Aporte de: |
| Sumario: | Replacing the Pactum de Quota Litis in Labor Claims with Collateral Damages. -- Abstract: There is a double reproach to the litis quota pact in labor credits currently admitted by Argentine positive law. The first of them is that it supposes an exception to the prohibition of assigning those credits to third parties and, with it, to their intangibility. The second, which is not of minor importance, is that the possibility of holding them was incorporated into national legislation in 1976 by the rule of the military dictatorship that modified the Labor Contract Law. Its necessary elimination could be accompanied and compensated by a change of destination and function of the compensatory surcharges of article 2. of Law 25,323 and an expansion of its material and personal scope of application. |
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