A Comparative Study of the Role of Contracts in Sport in Iranian and Common Law

Document Type : Original Article

Authors

1 university of tehran

2 International Law, Payame Noor University of Semnan, Iran

3 Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran

4 General Directorate of Highways and Road Transport, Iran

5 Assistant Professor, Faculty Member, Department of Law, Islamic Azad University, Hashtgerd, Iran.

Abstract

Contract law plays a key role in coordinating and planning sports activities. This can be different in the legal systems of different countries. Usually, athletes and sports managers of the contracting party regulate their sports activities with contracts that sign rights and obligations for both players and stadiums. In Iran, which is mostly a combination of the Roman-German legal system, the issue of sports contracts has not yet found its privileged legal status, and in some cases, due to the flaws in those contracts, the country's sports federations have suffered damages. But in customary law, this issue is almost resolved, and the jurisprudence of this legal system reflects this issue well. Therefore, considering these cases, we have examined the role of contracts in sports with a comparative look at Iranian law and customary law. This article examines when and how contract law applies in a sports field and how these cases may need to be adjusted or amended from time to time. The results show that the nature of contracts in sports and its effects on sports in Iranian law is more derived from civil law and can be considered in the context of private contracts. But in the customary law system, especially in countries such as England and Australia, sports contracts are concluded according to labor laws and regulations.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 1180-1197

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