- Legal Borrowing: Why Some Legal Transplants Take Root and Others Fail

Περίληψη 
Για ολόκληρο το άρθρο πατήστε Comparative Labor Law & Policy Journal- Vol.25

The appearance and the rapid development of the so-called "new forms of employment" or ("atypical employment") are considered as the natural consequence of the internationalization of private labor law relationships and as an expression of the flexible employment relationships and conditions desired by the social partners. This internationalization of private labor law relationships in many cases necessitates the adoption of several previously unknown legal concepts and structures that have been successful in other countries with similar employment grounds, conditions, or legal framework. On the contrary, the adoption of legal institutions in the framework of collective labor law takes place cautiously, given that the trade unions' position (with regard to their financial and bargaining status and the type of legal protection that each country's labor law grants trade union activities) is not similar in all countries, not even within Europe. 


This study examines two indicative institutions borrowed from other countries: Legal transplantation in the areas of individual labor law and collective labor law, that is the "Temporary Agency Work (TAW)" and the "lock out," respectively, by focusing on the social, economic, cultural etc. factors that explain each one's effectiveness or failure becoming normal parts of the Greek legal regime.