Sport Physiology & Management Investigations

Sport Physiology & Management Investigations

A Comparative Study of Athletes' Civil Liability and its Compensation in the Legal System of Iran, England, France and Commen Law

Document Type : Original Article

Authors
meghdad mahmoodi alami 1
vahid shojaei 1
mohammad hami 1
Mohammad Sanaei 2
1 Department of Sport Management, Sari Branch, Islamic Azad University, Sari, Iran
2 Assistant Professor, Department of Sport Management, Chalous Branch, Islamic Azad University, Chalous, Iran.
Abstract
The purpose of the present study was to investigate the liability of injuries in a sporting accident and how the other athlete (opponent / competitor) compensated for the injury to the athlete. The research method in this article is descriptive and collects data in the form of a library of articles, books and court rulings.In this regard, the study of the doctrine of inherent risks and the acceptance of risk in the realization of liability for damages and how to compensate will largely answer our questions. The results indicated that the basis for the civil liability of athletes against each other in the jurisdictions of the countries selected in this study is based on the "fault" rule and that violating the law itself does not constitute a liability. But in the Iranian legal system, the civil liability of athletes against each other is based on the "citation" theory and rule. Generally speaking, in the Iranian legal system, sports claims are the mainstay of the risk acceptance doctrine, and damages and injuries to athletes are not subject to the general rules of civil liability. According to Article 14 of the Criminal Code, the damaged person can claim all the damages (material, spiritual and possible proceeds) of the crime.
Keywords
Civil Liability
Criminal Procedure Code
Damages
Sports Accidents