22366 - DIRITTO PRIVATO DELLO SPORT

Learning outcomes

The main purpose of the course – within an overview of the current Private Law – is to enable students to efficiently handle Sports Law specific issues and the most important roles of people involved in sport activities. In particular, the general rules on Contract Law will be observed in order to develop a deep analysis of the specific contracts used in the context of the relationships between athletes, sports clubs and sponsors. The traditional Tort Law will be analysed focusing the attention on the specific sports activities in which a fundamental role is played by a peculiar liability limitation rule.

Course contents

Sport legal system and subjects.

Work contract of professional and amateur athlet.

Sponsoring and image exploitation contract.

Merchandising.

TV rights cession.

Sport liability in tort law.

Sport liability esonerating cause.

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 and sporting fraud.

Doping.

Readings/Bibliography

Attending students will study the following book:

Margherita Pittalis, Il diritto dello sport, Milano, Wolters Kluwer-Cedam, 2018.

Attending students will study also the contractual forms and cases explained during the lessons (available in section “materiale didattico” on the Professor website Alma DL), which will be the matter of the first demand on their choice.

Non attending students will study the following book:

Margherita Pittalis, Il diritto dello sport, Milano, Wolters Kluwer-Cedam, 2018.

Teaching methods

Lessons will be entirely taught by Prof. Margherita Pittalis.

The Professor will explain the most relevant topics, with comments on the contracts forms and cases, and sometimes inviting sport operators.

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 2019.

Students are allowed to take the Sports Law examination only after having taken Private Law and Public Law.

Only attending students will have the chance to choose the first demand, which could include the explanation about contractual forms and cases explained in the classroom and the speach of the operators invited in 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.

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 teacher will explain in classroom contractual forms and cases (available in section “Course unit teaching material” on the Professor website Alma DL).

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