19938 - Contracts and Obligations in the Sports Sector

Learning outcomes

At the end of the course, students:

-have the foundamental concepts of the sources of obligations, with particularly regard to the contract and to the tort;

- are able to apply this knowledge to the sporting activity contracts, sports sponsorhip contracts, and to all contracts in the sport world;

- are able to apply those concepts to the whole field of sport liability in tort law;

- are able to understand the contractual forms and the cases law examined on these issues.

Course contents

Sport legal definition;

Sport legal system;

Obligations and bonds (notion, sources);

Elements of tort law: unlawful damage and fundamental rights; allowed risk in the sport field;

Athlet's liability:

- in necessary contact sports: boxe, rugby, hockey, american football;

- in potential contact sports: soccer, basket, volleyball;

- in dangerous sports; motor races, bike races, ski and snow sports, equitation, fencing, hunting;

- in minimum risk sports: tennis, squash, athletics;

- in special contexts: sport training, amateur competitions, children games.

The liability of sport events organizer, of C.O.N.I., of sport Federations.

Sport facilities manager liability.

Teacher and choache liability.

Sport medical doctor liability.

Referee's liability.

Sport justice.

Doping.

Contract in general.

Sponsoring and image exploitation contract.

Merchandising.

Work contract of professional and amateur athlet.

The sport agent.

Sport work contract cession.

TV rights cession.

Readings/Bibliography

Attending students will study the following book:

Margherita Pittalis, Sport e diritto. L'attività sportiva fra performance e vita quotidiana, Milano, Wolters Kluwer-Cedam, 2019, mandatory in full, including the Preface to the text: the first question will be chosen by only attending students.

Attending students, in order to understanding better the topics, will have at their disposal also the contractual forms and cases explained during the lessons (available in section “materiale didattico” on the Professor website Alma DL).

Non attending students will study the following book:

Margherita Pittalis, Sport e diritto. L'attività sportiva fra performance e vita quotidiana, Milano, Wolters Kluwer-Cedam, 2019, mandatory in full, including the Preface to the text. There will be not demand to be chosen by the non attending students.

 

 

 

Teaching methods

Lessons will be entirely taught by Prof. Margherita Pittalis.

The Professor will explain the most relevant topics, with comments on the contrac forms and cases law.

Assessment methods

Lesson will be taught in the second semester.

The examination will be oral.

For students that will satisfy the attendance requirements will be possible to take the exam in all sessions from May 2020.

Only attending students will have the chance to choose the first demand, among the chapters 1, 12, 13, which will be referred to the student's choice. All the remaining chapters will be mandatory. Also Preface and paragraphs 1 and 2 of chapter 1 will be mandatory.

Non attending students will not choose any demand; the questions may concern all the chapters of the text, including the Preface.

The assessment of the interview will be carried out taking into consideration:

• the knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

Registration for the final exam must be done using the Almaesami application ( https://almaesami.unibo.it/almaesami/welcome.htm ).

Degree thesis

The degree thesis will be assigned by Prof. Margherita Pittalis after an interview.

Teaching tools

The Professor, in order to clarify the institutes, will distribute in classroom contract forms and cases law.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Office hours

See the website of Margherita Pittalis