Abstract

MAGOJA, Eduardo Esteban. The continuation of the company in bankruptcy and the optimization of the right to work: some interpretative criteria in Argentinean national jurisprudence. Rev. latinoam. derecho soc [online]. 2019, n.29, pp.177-199.  Epub Apr 24, 2020. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2019.29.13904.

The aim of this paper is to analyse some interpretative criteria that are followed in Argentine judicial practice when judges apply the rules that regulate the continuation of the company in bankruptcy by the workers. Following a temporal and jurisdictional criterion, our study focuses on resolutions pronounced by the Commercial Courts of Appeal in the last two years. The intention of this is to have a current outlook about how that jurisdictional organism has pronounced on the topic. We seek to demonstrate that judges justify mainly their decisions through a teleological argumentation, and that also they favour to optimize the fundamental right to work when consider all the interests in conflict in the bankruptcy legal process.

Keywords : company in bankruptcy; right to work; legal interpretation.

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