A current vision of atypical hiring in light of the Cuban civil code. Special reference to contracts with vulnerable subjects

Abstract

This work explores how thirty years after the promulgation of the Cuban Civil Code, the analysis of atypical hiring in contrast to the prevailing reality is a challenge. Combining contractual freedoms, with interpretive norms and atypicalities, leads us to look at the Civil Law in a systemic way from its general principles to the market, the actors of today in contracting and those who need to venture into the business world and the obligatory legal relationships. That is why at first it is about linking the interpretative tendencies with the characters and foundations of atypical contracts according to the challenges presented in relation to the figure. Subsequently, it is analyzed how hiring for vulnerable subjects such as the future protection mandate and the maintenance contract become alternatives for dependent subjects, so that due to their nature and negotiating cause, they have differentiated contractual interpretation rules.