جستجوی مقالات مرتبط با کلیدواژه « sports contract » در نشریات گروه « فقه و حقوق »

The present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to answer the question that the nature of sports contracts in Iran and England What is? Pay attention to the fact that by examining the elements of the sports contract and comparing it with other similar contracts, the legal nature of the sports contract can be determined. It seems that in a general summary, the legal nature of sports contracts in Iranian law is one of private contracts, and it is a lease contract for individuals, and by determining this nature, the challenges that existed in similar contracts will not arise in this case; because the private contract has a broad meaning and includes all the matters discussed in the sports contract; Also, although it has limitations, it does not have a negative effect on the sports contract; Rather, it causes its consistency; But in English law, the legal nature of sports contracts is subject to the rules and regulations of the labor law.

One of the most important problems in the field of sports is the damage caused to the sports community, the financial system, and the international reputation due to the violation of contractual obligations or the termination of contracts in this field. This research aims to examine the root of the breach of contractual obligations, to guarantee its implementation, and finally, to point out the effect that such breach of obligations has on public rights. The definition of sports rights and sports contract should be mentioned, and then it will be discussed by examining the effects governing sports contracts and the origin of violations of such contracts, focusing on the contract between players and clubs, and as a case study, the standard contract of the English Premier League in the 2022-2023 season. The investigation of its dimensions should be deepened. The findings of this research show that the source of the violation of sports contracts between players and clubs is sometimes the inability of each of the parties and sometimes their refusal to fulfill contractual obligations. Due to the violation of the contract, various damages, both material and spiritual, are inflicted on the other party, which sometimes have an international aspect, all such damages will directly or indirectly affect the public interests and their material and spiritual rights, which is considered as a violation of citizenship rights.