Zagrebačka pravna revija, Vol. 3 No. 2, 2014.
Pregledni rad
Sport Contracts of Minors
Marko Hrabar
; Polaznik poslijediplomskog specijalističkog studija iz športskog prava pri Pravnom fakultetu Sveučilišta u Splitu
Sažetak
The paper presents an analysis of the legal institute of sports contracts of minors, not only from the standpoint of the legislative system, but also from the practical point of view, where particular attention is paid to the legal uncertainty and frequent invalidity of such contract provisions. In the introduction to the main topic of the paper, the legal terms of “minors” and “sports contracts” are considered, followed by a brief presentation of relevant legal sources. Since the law of the Republic of Croatia does not include an explicit definition of the terms of minors and sports contracts, their meaning is primarily explained. Hence, it is established that a minor is a person under eighteen years of age, while sports contracts are defined as contracts sui generis, the particularities of which do not stem from their characteristics in the meaning of the law of obligations, but from mere substantive facts, namely between which parties such a contract is concluded and what its subject is. All the preconditions for the validity of sports contracts of minors are further presented, including the issue of invalidity of contract in cases where such preconditions are not fulfilled. The second part of the paper concerns the shortcomings of the relevant regulations of the Croatian Football Association, as well as the Croatian Basketball Federation. This topic is further elaborated from the international law standpoint, in order to indicate necessary future legislative changes. The author suggests certain changes de lege ferenda, of which the most important is the idea of establishing a special register of sports contracts of minors. The main purpose of the paper, therefore, is to draw attention to the inadequate legislative regulation of minors in sports in terms of the law of obligations, all with the aim of advocating changes de lege ferenda.
Ključne riječi
sports; sports contracts; minor; Regulations of the Croatian Football Federation on the status of players; Registration Rules of the Croatian Basketball Federation
Hrčak ID:
129520
URI
Datum izdavanja:
24.9.2014.
Posjeta: 6.534 *