Abstract

HERNANDEZ ALVAREZ, Oscar. Law and Labor Law. Frontiers and Spaces of Concurrence. Gaceta Laboral [online]. 2005, vol.11, n.1, pp.51-73. ISSN 1315-8597.

Mercantile Law and Labor Law are both specialized legal branches that were born from the same root, civic rights. After many years of development, these specialized legal areas continue to have points of encounter. This paper attempts on the one hand to analyze the existing frontiers between these specialties, describing their origins and essence, analyzing the commn criteria used to differentiate them when determining when a judicial relation seems to be labor or commercial. The theme of labor fraude requires special attention, in order to avoid the application of labor law against the workers. On the other hand, concurrent areas are studied in order to definitively indicate that the absolute separation of these specialties does not exist, and there they require interdisciplinary study. Several Latin American laws are analyzed as well as the most recent jurisprudence and a study of the more important related themes.

Keywords : Labor law; labor fraud; business.