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CNAA / Theses / 2018 / July /

Disputes Arising out of Athlete’s Employment Agreements and Their Legal Settlement


Author: Slabu Gheorghe-Sorin
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2018
Scientific adviser: Eduard Boişteanu
doctor habilitat, associate professor (docent)
Institution: University of European Studies of Moldova

Status

The thesis was presented on the 2 July, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.46 Mb / in romanian

Thesis

CZU 349.22(043.3)

Adobe PDF document 1.88 Mb / in romanian
202 pages

Keywords

work, sports, contracts, discipline, litigation, arbitration.

Summary

Filed of studies:special field 553.05 – Labor Law and social protection.

Thesis aim and objectives. The aim of this study is to perform a complex research of disputes arising out of athlete’s employment agreements and procedure of their settlement by analyzing the legal rules regulating this matter, paying special attention to legislation and doctrine in this field, and by formulating some proposals aimed at improving the legislation and practices regulating the procedure of settlement of this type of disputes.The main objectives of this work are definition of the notion of employment dispute arising out of athlete’s employment agreements, presentation of their specific features, analysis of systems of dispute settlement and their grouping, analysis of legal rules in this matter, study of common and distinctive elements of traditional employment agreements and those of athletes, competence of European authorities in this matter and formulation of some proposals de lege ferenda for adopting and improving the relevant legislation.

Scientific originality and noveltyof the work is based on the fact that it is one of the first attempts of complex analysis of disputes arising out of athlete’s employment agreements and of procedure of their settlement at the national level. The research proves its novel nature by a comparative analysis of relevant regulations, which has been carried out and allowed revealing the shortcomings of the national system and contradictions existing between different legal and regulating directives at the national level, creating an opportunity for implementing new efficient legislation in this sphere.

The solved scientific problems consists inthe conceptual approach to theathletes’ employment agreements and athletes’ employment disputes by identifying main elements and features specific to the athlete’s employment agreement, making more concrete and conceptualizing the notions of sport and employment discipline, identifying the disputes, which can arise out of the athlete’s employment agreement, and creating a new general vision concerning the professional athletes’ employment agreements and procedure of solving disputes arising out of such agreements.

The theoretical significance of the thesis consists in the complex, multisided and interdisciplinary researchof aspects referring to the categories of specific disputes arising out of athlete’s employment agreements while revealing the interference with the disputes arising out of traditional employment agreements.The theoretical significance consists in scientific justification of the concept of dispute arising out of athlete’s employment agreements, identification of elements contributing to delimitation of athletic job with different consequences concerning the competent authorities which solve the arising disputes, and specific sanctions, systematization of solutions offered by doctrine, all this has never been implemented at the national level up to the present moment.

The applied value of the thesis consists in the clear and unambiguous interpretation of legal regulations referring to the disputes arising out of athlete’s employment agreements, and it will contribute to the correct interpretation and application of legislation both by the parties to the athlete’s employment agreement and by the arbitration bodies of sports federations, which are vested with powers to solve such disputes. Moreover, we consider that the proposals de lege ferenda formulated in the course of research can be used in projects for amendment of employment legislation and maybe for introducing a new course of Sports Law. Implementation of scientific results:Taking into consideration the complex nature of work and practical proposals,the achievedresultscan be used for improvement of legislation, in educational institutions and by experts since they offer a new vision of legislation and practices in this field.