DESPRE CONTRACTUL DE ACTIVITATE SPORTIVĂ ŞI ALE SALE CONTROVERSE JURIDICE
ON THE SPORTS ACTIVITY CONTRACT AND ITS LEGAL CONTROVERSIES

Summary/Abstract: The current study is part of the series dedicated to the sports activity contract, a sui generis contract, with a particular legal physiognomy, whose legal nature continues to be subject to legal controversies, with criticism expressed in terms of a normative solution, at least uninspired, which disadvantages and discriminates, even, professional athletes, by their lack of protective framework specific to employment relationships. These controversies are also reflected in the contentious plan, since the debate on the legal nature of these types of contracts is noticed in the determination of the court jurisdiction. In our approach, we intend, firstly, to refer to the specifics of the sports activity which undoubtedly requires the existence of special norms for the contractual relationship between the professional athlete and the sports structure. Then, we will critically explore the existing national legislative framework for our object of study, following to exemplify, by a few case-law decisions, being interested in outlining the reasoning of the courts when it comes to understanding the nature and legal regime applicable to this type of contract.

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