Original scientific paper

Lex sportiva and fair-play

Miodrag Mićović

Abstract

Basically the work consists of the denial of a claim, which is largely entrenched in doctrine, according to which lex sportiva represents a transnational or non-national legal system, on the one hand, and affirmation of fair-play, as the principle that specifically binds to the sport and that should be defined in the sports codes as one of the basic principles, on the other.
Lex sportiva is not a legal order, because behind it there is no sovereign with its legislative powers. Hence we can say that lex sportiva is a set of rules of private law character, whose legitimacy is based on the autonomy of the will of those who have joined together in the sports federation. As for fair-play, it is a principle of ethical character, which includes rules of conduct that derive from the moral understanding of those involved in sports activities on what is allowed and what is not.

Keywords

lex sportiva; fair-play; sport; sports law; principle; morality

Hrčak ID:

75226

URI

https://hrcak.srce.hr/75226

Publication date:

20.12.2011.

Article data in other languages: serbian

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