Naslov
Applicable law for contracts in the sporting context

Autori
Medić, Ines

Izvornik
Journal of South East European University (1857-8462) 12 (2017), 1; 197-221

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
sports contracts ; applicable law ; CAS Code ; Rome I regulation ; Croatia

Sažetak
This article presents an analysis of contractual relations in sport from the standpoint of the Croatian legislative system. Due to the complexity of the subject matter, the author considers only a small fragment of it - the significance and the role of sport in Croatian society and the law of contracts "as a cornerstone on which "sports law" has been built and which is of primary importance in most areas where there is an interface between sport and the law, irrespective of whether the sport is being played at an elite level or at a more humble one". Bearing in mind the limited extent of this article, the author tries to provide some clarifications and some guidance on how to deal with the designation and the determination of the applicable law for contracts in the sporting context. Considering that there are different legal regimes which may come into play with regard to the designation of the law applicable to contracts in the sporting context, the author first presents the determination of the applicable law according to the Rome I Regulation and then according to the Croatian Arbitration Act, Swiss Private International Law Act and the CAS Code of Sports-related Arbitration, as the most common in sports practice. Then, the author deals with contracts concluded with minor athletes and the determination of the law applicable to some preliminary questions.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA