Research and development in private law

Research and development in private law

Harmonizing Self-Regulation in Sports Law Based on Comparative Law: The Birth of Sports Realism

Document Type : Original Article

Author
PhD in Private Law, University of Tehran, Tehran, Iran
Abstract
In the current sports law system, the evolution, growth, and development of sports regulation-characterized by a unique nature and function and backed by effective enforcement are through a self-regulatory approach to legal order in sports. From this point of view, the development and promotion sports organizations of the world, World Football Federation (FIFA), federations, clubs and even players, are the consequences of the comparative law`s doctorine. Thus, it can be concluded that in domestic law, harmonizing the sports law of countries based on the ideas and opinions, such as “leaving paradise of football”, "doctrine restraint of trade in Sport" or "third-party ownership in football", "training compensation in football", "Pelé law", "Bosman ruling", "financial fair play regulations" and principles such as "principle of equal opportunity" in the field of contract law and sporting disputes, are actually in consequence of comparative law.
Harmonizing modern legal studies in the field of self-regulatory capacity of the sports legal system leads to the birth of sports realism in the enactment, interpretation, and effective enforcement of sports regulations.
 The methodology of this article is based on analytical comparative research.
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