|
Autonomy
of will and contractual freedom in professional sports
Prof. JUDr. PhDr. Tomáš
Gábriš, PhD., LLM, MA, Faculty of Law, Trnava University in Trnava
Právny obzor, 104, 2021,
special issue, pp. 3 -21
Published online: 21.2.2022
https://doi.org/10.31577/pravnyobzor.specialissue.2021.01
Abstract.
Autonomy of will and contractual
freedom in professional sports. The paper explains routes through which legal
limitations of contractual freedom were introduced into sports law, taking their
premise from the employment law regulations applicable in Slovakia. The main aim
was to legally compensate the actual (mostly economic) inequality of contracting
parties, similarly as it is accepted in labour law and in the consumer
protection law. However, an amendment to the Act on Sports, introduced in 2020,
changed this trajectory by allowing the sports entities a broader contractual
freedom as to their choice between an employment contract and contract for
services. On the other hand, however, the amendment thereby introduced a
limitation of contractual freedom in the case of opting for the contract for
services (concluded between entrepreneurs) – newly, these contracts generally
concluded under the Commercial Code have to observe minimum standards reserved
previously only for the sporting employment contracts.
Keywords:
autonomy of will, contractual freedom, professional sports, sports law, labour
law, commercial law
|
ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
|
OPEN ACCESS