19938 - Contracts and Obligations in the Sports Sector

Academic Year 2018/2019

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Second cycle degree programme (LM) in Wellness and Sport Management (cod. 9214)

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

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.

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: hints.

Readings/Bibliography

Attending students will study the following book:

Margherita Pittalis, Il diritto dello sport, Milano, Wolters Kluwer-Cedam, 2018 (only cap. II, III, IV, V, VI, VII, VIII, IX, X, XI).

Attending students will have the chance to choose for the first demand among the contractual forms and courts decisions 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, Il diritto dello sport, Milano, Wolters Kluwer-Cedam, 2018 (cap. I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XIII; excluding only cap. XII).

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.

For students that will satisfy the attendance requirements will be possible to take the exam in all sessions from May 2018.

The examination will be oral and it will concern the issues as from program and text above indicated. Only attending students will have the faculty to choose the first demand, which could include the explanation about contractual forms and courts decisions explained in the classroom.

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.

Degree thesis

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

Teaching tools

The Professor will distribute in classroom contract forms and cases law.

Only attending students will have the faculty to choose the first question, which could include the explanation about contractual forms and courts decisions explained in the classroom.

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