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Les conflits sportifs dans les législations française et saoudienne

Abstract : Sports practice today is subject to a wide variety of rules of different origins that draw separate legal orders, private and public: state legal orders and sports legal orders whose relations often take the form of a "positive organized legal pluralism. Lex sportiva or the right to sport can be defined as the set of rules that govern the rights and obligations of athletes. It deals in particular with the sports regulations of the various sports federations, the doping, the rules of transfer of players. Litigation can be defined as a dispute or disagreement between two parties, physical or moral, some of which dispute the others to be "holders of a right to the exercise of which they claim". Disagreement between the parties to the dispute may arise from a contract or a factual situation. These parties will first try to resolve their dispute amicably, if they can’t achieve an agreement, the dispute will be submitted to a court that will decide. We find litigation in all areas, civil, commercial, administrative, sports. The sport sector, or more specifically the sports conflicts, which are of various kinds and whose regulation requires the use of specialized bodies in the field and the application of texts specific to this type of sport. Disputes and conflicts constitute the main object of research of this work. Sports disputes can be resolved in ordinary courts. However, the inadequacy of the latter in disputes requiring specific technical skills which must be taken into account in the shortness of a career, to be settled rapidly, has led to the recourse - more and more frequently - to alternative methods of settlement of disputes conflicts. Unlike other disputes, which have a contrasting situation, the situation of sports disputes is clear, transparent, and original. To do this, and to meet their specific needs, sports organizations have created and developed specific legislative rules that ensure their functioning, and have constituted bodies that ensure the proper application of the rules they have enacted. Sporting conflicts are therefore regulated by special rules and statutes and specialized sports, which allow the parties to a dispute to lead to practical and satisfactory solutions. It can be said that the regularization of sports activity can be done autonomously and escape the public authorities, the state order. The Sports Regulations are therefore autonomous and supreme regulations with regard to the state legislations. The creation of these specific regulations, has led to the creation of specialized jurisdictional bodies competent to settle conflicts of sports organizations, and which operate in accordance with their regulatory power. In reviewing the Arbitration Rules governing sports organizations, it can be seen that they include specific provisions determining the jurisdiction of the Arbitral Instances in relation to the concept of Sport. With the growth and prosperity of international trade, arbitration has proven to be the preferred international transaction. Hence, and in the face of internationalization and the complexity of litigation, the domestic laws and jurisprudences of States have recognized and sanctioned the practice of arbitration.
Keywords : Arbitration Law Sport
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Submitted on : Monday, December 2, 2019 - 1:02:51 AM
Last modification on : Wednesday, October 14, 2020 - 4:22:47 AM
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  • HAL Id : tel-02388493, version 1



Ali Somaili. Les conflits sportifs dans les législations française et saoudienne. Droit. Université Côte d'Azur, 2018. Français. ⟨NNT : 2018AZUR0007⟩. ⟨tel-02388493⟩



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