Civil liability arising from the violation of sports contracts in the laws of Iran and England with a look at Islamic jurisprudence

Document Type : Review paper

Authors

• Abdollah Doulah ¹
• Mahdi Firozabadian ²
• Gholamreza Yazdani ³

¹ Doctoral student of private law, Torbat Haydaria branch, Islamic Azad University, Torbat Haydaria, Iran.

² Assistant Professor, Department of Law, Torbet Heydarieh Branch, Islamic Azad University, Torbet Heydarieh, Iran (corresponding author)

³ Assistant Professor, Razavi University of Islamic Sciences, Mashhad, Iran

Abstract

The purpose of this research is the comparative study of civil liability resulting from the violation of sports contracts in the laws of Iran and England with a view on Islamic jurisprudence. The research method is descriptive-analytical and taken from library sources. In response to the question, what is the civil liability resulting from the violation of sports contracts in Iranian and English law with an approach to Islamic jurisprudence? It was found that athletes in sports clubs, like other legal entities, have rights and obligations, and failure to fulfill these rights and obligations - either contractual or legal - may cause the clubs to be held civilly or legally liable, depending on the case. The legal relationship of the sports clubs with the athletes and coaches is based on the employer-employee relationship and is subject to the labor law, except in special cases such as the regulations and circulars of the relevant federations. Clubs are vicariously responsible for damages caused by athletes and coaches to third parties, including opposing athletes and spectators. The basis of civil liability of sports clubs in Iran's legal system and Islamic jurisprudence and European countries is based on the assumption of fault. The most important duty of sports clubs is to comply with the club's safety obligations, which non-compliance leads to civil or police liability of the respective club.

Keywords

• Civil responsibility
• police responsibility
• sports clubs and institutions
• Iran and England law
• presumption of guilt

Main Subjects

• Islamic law

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