Derecho Internacional Privado del Trabajo y de la Seguridad Social
Author | José Carlos Fernández Rozas y M.a Victoria Cuartero Rubio |
Pages | 765- |
Page 765
1999-98-Pr
CONTRATO DE TRABAJO.-Ley aplicable.-Recurso de casación para unificación de doctrina.-Alegación y prueba del Derecho extranjero.-Aplicación de la lex fori
Preceptos aplicados: artículo 10.6 Cc.
Respecto del fondo del asunto, no se cuestiona la competencia de la jurisdicción española para su conocimiento y ya se ha dicho antes que tanto la sentencia impugnada como la de contraste están conformes -en aplicación de las pertinentes normas de conflicto, fundamentalmente el art.10.6. Cc- en que la legislación aplicable al presente caso es la china, pero que ésta no ha sido suficientemente probada en su contenido y vigencia. La divergencia estriba en las consecuencias que se derivan de tal falta de prueba. La sentencia recurrida entiende que en tal caso se debe aplicar la legislación española, en cambio la de contraste estima que ello determina el decaimiento de la acción con la consiguiente desestimación de la demanda.
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