Lex sportiva and fair-play
Basically the work consists of the denial of a claim, which is largely entrenched in doctrine, according to which lex sportiva represents a transnational or non-national legal system, on the one hand, and affirmation of fair-play, as the principle that specifically binds to the sport and that should...
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| Format: | Article |
| Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2011-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
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| Online Access: | http://hrcak.srce.hr/file/111681 |
| Summary: | Basically the work consists of the denial of a claim, which is largely entrenched in doctrine, according to which lex sportiva represents a transnational or non-national legal system, on the one hand, and affirmation of fair-play, as the principle that specifically binds to the sport and that should be defined in the sports codes as one of the basic principles, on the other.
Lex sportiva is not a legal order, because behind it there is no sovereign with its legislative powers. Hence we can say that lex sportiva is a set of rules of private law character, whose legitimacy is based on the autonomy of the will of those who have joined together in the sports federation. As for fair-play, it is a principle of ethical character, which includes rules of conduct that derive from the moral understanding of those involved in sports activities on what is allowed and what is not. |
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| ISSN: | 0584-9063 1847-0459 |