La parte débil en las relaciones jurídicas contemporáneas: Un examen a partir de las relaciones jurídicas laborales, relaciones de consumo y el instituto de la responsabilidad civil en atención a las dificultades probatorias y la posición de la parte débil en el mercado”- (Fase I)

Abstract

The permanent transformations of social and economic relations directly or indirectly impact on the changes that the Law must face, through its legal institutes to provide adequate responses to the parties that most require it in said relations and that are considered weaker against Your contractual counterpart. In particular, there is an imbalance in the positions assumed by the parties of the legal relationship in the field of labor relations, consumer relations and finally in the relationship established with the production of damage between the victim and the cause of the hurt. Precisely, talking about the existence of a weak part in the legal relations entered into contractually or extra-contractually requires focusing the study on the new legal instruments that currently exist to restore the balance of legal relations. In this line, it is observed that the appearance of new instruments, whether substantive or procedural, that come to the aid of the weak part of the aforementioned legal relations, displace the application of traditional legal regimes with the purpose of adapting to the new protection needs of workers, consumers and victims of the damage caused by the technical and scientific development of contemporary society. In this same sense, the need arises to examine the new legal regimes that cover the aforementioned legal relations of the subjects considered a weak part of the relationship and their respective counterparts, that is, as workers, today also employers before the same administration, affiliates to the Social Security System, consumers or victims of damage