Post on 25-Dec-2015
Summary- Reminder : Definitions of Common and Civil legal systems
- Main legal systems all over the world
- Common Law : ... to be developed by Carmen...
- Civil Law : A right to respect for the workforce
- A great dilemna in Global Economy
- Emergence of a Pluralistic Law, combination of Common and Civil systems
- Debate/Conclusion
Civil Law
In today's society, business success factors are :
- Sales, Profit, ROI - Satisfaction of both shareholders and customersthen... - Satisfaction of employees and employment conditions
> Duty of sustainable Social Responsibility needs to be developed...
A right to respect for the workforce
Civil Law
Business culture – Legal aspects in the recruitment process :
- Equal opportunityand Discrimination Laws
- Recognition of qualiification
- References and background checks
- Employment offers and contracts
- Personal data protection
A right to respect for the workforce
A great dilemna in Global EconomyTime is changing in our globalized world...
> Need to cope with local cultural diversity in terms of :- Discrimination, - Security, - Health, - ...
not too strict (Directive Code and Constitution) Civil Law proning Universalism
but, not too flexible (Judge-made situation laws) Common Law proning Particularism
A great dilemna in Global Economy
The Burden of Proof
Apply rules & proceduresuniversally to ensure
equity & consistency but…
We do not want todegenerate into
rigidity & burocracyso we must…
Encourage flexibilityby adapting to
different situations but…
We do not want todrown in chaos or loose
our sense of central directionso we must…
Universalism
Particularism
Pluralistic Law : a combination of
Some interesting stakes :
- Find an advising & compromising legal system where every situation shall be scoped.
- Be able to anticipate, interpret and update the legal architecture.
> Pluralistic Law :Code + Jurisprudence making up laws when Code doesn´t specify(giving for instance a 5 years period between 2 Code updates)
both Common & Civil legal systems