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• Some Labour Law Aspects of Psychological Contract Theory

  50-69

  Kristóf Tóth

  Views:

  201

  The aim of this paper is to present the central-topics of psychological contract theory, focusing on the relevant labour law contexts. The main research method used is an examination of relevant studies, articles and monographs on the topic, a secondary analysis of empirical research data systematically compiled by the authors, and an exploration of the main labour law aspects and contexts. The difference between an employment contract and a psychological contract is that while the former is a written, legally binding contract, the latter is a theoretical, abstract construct that contains the mutual and implicit expectations of the parties. A psychological contract therefore falls into the category of "extra-legal" contracts, but in certain cases, especially in the event of breach of contract, it may have legal relevance.

• Cumulation of Causes of Remedies for Non-performance and other Claims, with Special Regard to the Section 6:145. of Civil Code

  60-78

  Réka Pusztahelyi

  Views:

  180

  The Civil Code (Section 6:145.) excludes the possibility of parallel delictual claims of compensation for damages arising from breach of contract (non-cumul). This essay deals with the concept of concurrence of law and the concept of cumulation of causes of action and the relationship between contractual remedies and other sanctions grounded on a non-contractual basis. It examines the French doctrine of non-cumul, the proposal of DCRF and certain methods among the European legal systems. This essay analyzes briefly the two situations where the contractual and delictual bases could compete with each other and the application of the above mentioned provision may generate problems.