Meaning and forms of liability in sporting action

SKU: 9917272002
Autore:
Panagiotopolous Dimitrios P.
Estratto Rivista

Rassegna di diritto ed economia dello sport 2/2017

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The aim of this study is to determine the issue of liability in sports. Sports define a wide area of human activity with a maximized financial interest aspect, which oftentimes decides on sport actions and the outcome of sport events. The law is necessary for ensuring the sports institution, the smooth and orderly holding of sport actions and events, as well as the complete satisfaction of the right of natural and legal entities to a fair participation in sport activities and issues. As it happens in everyday life, tort occurs in sports life as well. Law and especially Sports Law should govern any form of liability no matter if it derives from tort, contract or is a combination of both liability forms. Some fundamental questions which may be posed in this respect are: Which are the forms of tort in sports and sport activity? Which is the form of liability in sport tort? In what does the liability of who committed the tort consists in and how should liability be searched for? For instance, we examine what form of liability may carry – and on which extent – the sports authorities (referees, judges, observers, etc.), during performance of their duties, and what is the criterion of their culpable behaviour. The legal link and the culpable behaviour between the athletic action, the sports event and the natural and legal entities of the sports action, on one hand, and the third parties, on the other hand, are applied differently, because of the special conditions and various causations of human behaviour’s manifestation within sport acts and athletic events. During performance of their duties all natural and legal entities in sports are subject to liability of sports nature with administrative-disciplinary character, moral and criminal character, on the basis of common law rules or special sport offences, the content of which, based on the jurisprudence and the bibliography, will be presented in this study.

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