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Article Dans Une Revue Economie et institutions Année : 2018

The analysis of employment relationship in contract economic theories : a critical review based on the nature of American and French labor laws

Résumé

Despite the numerous economic works on the nature of the firm, only a few studies have clearly taken into account the legal and institutional contexts of the employer-employee relationship. This paper aims at comparing the regulation rules of the employment relationship advocated by contract economic theories to the American and French labor laws in both a positive and normative perspective. From a positive perspective, the contract approaches to the firm – transaction cost economics, the nexus of contracts theory and the modern theory of property rights – are similar to the tradition of American labor law. However, from a normative point of view, it appears that if contract economic theories seem to be partially in line with certain principles of the French labor law, there is a strong inconsistency between these approaches and the role that the French legal system gives to the State and to the law courts (and judges).

Dates et versions

halshs-01943180 , version 1 (03-12-2018)

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Citer

Bernard Baudry, Virgile Chassagnon. The analysis of employment relationship in contract economic theories : a critical review based on the nature of American and French labor laws. Economie et institutions, 2018, 27, [23 p.]. ⟨10.4000/ei.6127⟩. ⟨halshs-01943180⟩
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