Tortious Act (Sports Fault) and Its Conditions of Realization within the Framework of Civil Liability
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 14 No. 39 (1403),
28 June 2024
,
Page 1-13
https://doi.org/10.22037/bioeth.v14i39.44254
Abstract
Background and Aim: Sports have attained a prominent position in contemporary societies, leading to a significant increase in the scope and frequency of sporting activities worldwide. However, the risks associated with various sports operations have resulted in numerous injuries and damages, necessitating their adjudication within the framework of civil liability. Accordingly, civil liability arising from sports accidents has become a pivotal issue in the domain of sports law. Among the key elements of civil liability for sports accidents is the tortious act, the identification and delineation of whose concept, scope and criteria are crucial for resolving civil liability cases effectively.
Methods: The present article employs a descriptive-analytical method, utilizing library resources to examine tortious acts and the conditions for their realization as one of the essential elements of civil liability arising from sports accidents during sports operations.
Ethical Considerations: This study adhered to ethical considerations, including authenticity, honesty and integrity, throughout its execution.
Results: Based on legal principles and relevant laws, particularly the Civil Liability Act and Clause (c) of Article 158 of the Islamic Penal Code, a harmful act is essentially synonymous with the commission of fault or negligence. The criteria for identifying such an act include violations of regulations or customary practices within a specific sport, inconsistency of sports regulations with Islamic principles and breaches of sports-related contractual obligations.
Conclusion: A wrongful act or negligence in sports incidents occurs when there is a breach of sports regulations, contractual obligations, or the established customs governing a specific sport, or when the rules of a sport fundamentally conflict with Islamic principles. Developing comprehensive laws and clear guidelines can significantly reduce legal ambiguities, prevent disputes, precisely determine liabilities and facilitate the process of compensation in sports-related incidents.
- Sports
- Tortious Act
- Fault
- Sports Regulations
- Religious Standards
- Contractual Obligations
How to Cite
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