AUTONOMY OF WILL AND CONTRACTUAL FREEDOM IN PROFESSIONAL SPORTS

• Authors: Gábriš Tomáš
• Languages of publication: EN

Abstracts

EN

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

EN

CONTRACTUAL FREEDOM; PROFESSIONAL SPORTS; SPORTS LAW; LABOUR LAW; COMMERCIAL LAW

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2021
• Volume: 104
• Issue: spec. issue
• Pages: 3 - 21

Contributors

author

Gábriš Tomáš

• Faculty of Law, Trnava University in Trnava, Slovak Republic

Identifiers

DOI

https://doi.org/10.31577/pravnyobzor.specialissue.2021.01