L'art. 320 al. 2 CO: une règle compatible avec les dispositions sur la conclusion des contrats?

Le Tribunal fédéral et la doctrine majoritaire interprètent l'art. 320 al. 2 CO comme un cas où l'existence d'un contrat de travail peut être déduite de circonstances de fait indépendantes de tout consensus. Il s'agirait donc là d'une dérogation aux art. 1 ss CO. Dans cette contribution, nous proposons une conception de l'art. 320 al. 2 CO compatible avec le mécanisme ordinaire de conclusion des contrats. En l'occurrence, le contrat de travail serait conclu par actes concluants sur la base d'un accord de droit, c'est-à-dire en appliquant le principe de la confiance. Alors que la lettre et le but de protection de l'art. 320 al. 2 CO semblent plutôt neutres à cet égard, l'histoire et la systématique de cet alinéa plaident clairement en faveur de la conception ici proposée.

Hyperuricaemia and gout: state of the art and future perspectives.

Major progress has been made in the past decade in understanding the pathogenesis and treatment of gout. These advances include identification of the genetic and environmental risk factors for gout, recognition that gout is an important risk factor for cardiovascular disease, elucidation of the pathways regulating the acute gout attack and the development of novel therapeutic agents to treat both the acute and chronic phases of the disease. This review summarises these advances and highlights the research agenda for the next decade.

Low utilization of health care services following screening for hypertension in Dar es Salaam (Tanzania): a prospective population-based study.

BACKGROUND: Drug therapy in high-risk individuals has been advocated as an important strategy to reduce cardiovascular disease in low income countries. We determined, in a low-income urban population, the proportion of persons who utilized health services after having been diagnosed as hypertensive and advised to seek health care for further hypertension management. METHODS: A population-based survey of 9254 persons aged 25-64 years was conducted in Dar es Salaam. Among the 540 persons with high blood pressure (defined here as BP >or= 160/95 mmHg) at the initial contact, 253 (47%) had high BP on a 4th visit 45 days later. Among them, 208 were untreated and advised to attend health care in a health center of their choice for further management of their hypertension. One year later, 161 were seen again and asked about their use of health services during the interval. RESULTS: Among the 161 hypertensive persons advised to seek health care, 34% reported to have attended a formal health care provider during the 12-month interval (63% public facility; 30% private; 7% both). Antihypertensive treatment was taken by 34% at some point of time (suggesting poor uptake of health services) and 3% at the end of the 12-month follow-up (suggesting poor long-term compliance). Health services utilization tended to be associated with older age, previous history of high BP, being overweight and non-smoking, but not with education or wealth. Lack of symptoms and cost of treatment were the reasons reported most often for not attending health care. CONCLUSION: Low utilization of health services after hypertension screening suggests a small impact of a patient-centered screen-and-treat strategy in this low-income population. These findings emphasize the need to identify and address barriers to health care utilization for non-communicable diseases in this setting and, indirectly, the importance of public health measures for primary prevention of these diseases.