72707 - Private Sports Law And Management of Sports Enterprises

Learning outcomes

At the end of the course the student , through the examination of case-laws reported during the lesson and led by the teacher, has a basic knowledge and the terminology of private law in particular with regard to the knowledge and to the discipline of private law entities, of the property and the possession right, of the contract rules, of the sales contracts, of the procurement contract, of the loan, of the free-loan and of the unlawful act.The student also learns the basic knowledge about sports system entities, sports sponsorship contract, violation of the rules.Finally the student acquires the ability to find legal sources, to see codes and databases and to bring up to date about the sectoral legislation.The student is also able to understand the essential aspects of the functioning of economic organizations ,especially of the companies.The course will explain the concepts of economic value, of competitive advantage and of corporate governance.During the course reference will be made to organizations operating in the field of sport, trying to seek the most suitable strategies for the sustainability over time.

Course contents

Preliminary notions: obligation; fulfillment and non-fulfillment; contract; illicit fact. International and national sports organizations (CIO, FSI, CONI, FSN, DSA, EPS, leagues); sports clubs and associations, sports foundations; committees organizing sporting events; affiliation. The subjects of the sports system: athletes; auxiliary to sporting activities. Membership; the sporting bond and the bond of justice.

Sports justice: bodies, sports proceedings and sports arbitration. Amateurism is the new model of sports work envisaged by the sport reform. Professionalism. Sports facilities in cities and in the mountains. The sporting offense, the permitted risk, the sporting exemption. Sporting responsibilities. Sponsorships and merchandising.

Insights: Doping and eSports.

Readings/Bibliography

The lessons will be based on the following manual: P. Raimondo and L. Zambelli, "Law of motor and sports activities. The Italian system towards reform", BUP, 2022.

Knowledge of the following parts of the manual is preparatory: F. Galgano, Institutions of private law, Cedam, latest edition (from page 139 to page 226 and from page 329 to page 345).

The student has the right to choose the most recent edition of any university text based on the aforementioned program, upon notification to the teacher.

Among the alternative texts they recommend:

- Margherita Pittalis, Sport and law. Sports activity between performance and everyday life, Milan, Wolters Kluwer-Cedam, 2019;

- P. Raimondo, Elements of private sports law II, Giraldi, latest edition;

- Lucio Colantuoni, Sports Law, second edition, Giappichelli publisher;

- Giuseppe Liotta - Laura Santoro, Lectures on sports law, Giuffrè Francis Lefebvre.

Teaching methods

The teaching programme is explained through the use of slides. The student is involved to participate to discussions regarding examples and practical cases.

Assessment methods

Lesson will be taught in the first semester.

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.

The examination will be oral. Three questions will be made concerning all the topics indicated in the examination programme. The vote will be defined as:

30 and praise, excellent argument and perfect exposure;

from 24 to 30, complete argument and correct exposure;

from 18 to 23, sufficient argument and uncertain exposure.

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

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

Degree thesis: the degree thesis will be assigned after an interview.

Teaching tools

During the lesson is provided the use of slides. The slides make the text comprehension and the organization of the work easier but not the presentation of topics during the exam.

Office hours

See the website of Pierluigi Raimondo