3.8 Article

Application of Swiss law and influence of Swiss protection of legal personality in international sport: a necessity to ensure equality of treatment among competitors?

期刊

INTERNATIONAL SPORTS LAW JOURNAL
卷 -, 期 -, 页码 -

出版社

SPRINGER HEIDELBERG
DOI: 10.1007/s40318-023-00251-8

关键词

Swiss law; Equality of treatment; Association law; Protection of legal personality; Contract law; Public policy

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This article analyzes the relationship between Swiss law and international sports, focusing on the concepts, rules and principles of Swiss law that apply in the sports field. It highlights the importance of understanding Swiss law for athletes, teams, and federations, and emphasizes the role of Swiss law in developing coherent strategies in sports dispute resolution.
Sports law and Swiss law are closely connected. It is at first quite complex to perceive the real implications of Swiss law, in which way it applies as well as its concrete consequences in sport. To understand the relation between Swiss law and international sport, the present article will analyze the concepts, rules and principles of Swiss law which apply in this area (i.e., Swiss association law, contract law and protection of legal personality). Knowledge of Swiss law for athletes, teams and federation is fundamental. It is the first step to develop coherent and powerful strategy before the Court of Arbitration for Sport or internal judicial bodies of international federations. A general overview of the importance of Swiss law appears to be very valuable to understand the context of sports law. Also, the protection of legal personality as the core principle of sports law is of a primordial importance in sports law and it will be developed in this contribution. The specific influence of equality of treatment between athletes will be discussed, too. This principle is fundamental in sport and is one of the purposes of a uniform application of (Swiss) law in sport.

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