With regard to claims occurring in sports competitions, especially of a high professional level (and competitive tone), the main orientation is that there is standing for a remedy claim only if either «the material conduct exceeds for violence and context the purposes of the game», or if there is a «defect in the functional connection between the harmful action and the game». The Author analyzes the uncertain legal basis of this peculiar – however compelling – orientation and disputes the thesis according to which the problem belongs to art. 2043 of the Italian Civil Code. The essay is rooted in the classic themes of sports law and in the precets of what is usually called the «theory of the plularity of the legal systems».

SPORT DI CONTATTO E RESPONSABILITÀ

Tommaso Mauceri
2021

Abstract

With regard to claims occurring in sports competitions, especially of a high professional level (and competitive tone), the main orientation is that there is standing for a remedy claim only if either «the material conduct exceeds for violence and context the purposes of the game», or if there is a «defect in the functional connection between the harmful action and the game». The Author analyzes the uncertain legal basis of this peculiar – however compelling – orientation and disputes the thesis according to which the problem belongs to art. 2043 of the Italian Civil Code. The essay is rooted in the classic themes of sports law and in the precets of what is usually called the «theory of the plularity of the legal systems».
liability for damages, injury to health, relations between state and sporting regulations
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/20.500.11769/513748
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