Vol-7, Special Issue-Number2-April, 2016, pp996-1008 http://www.bipublication.com
Case Report
Civil liability in sports for commission merchant in Iran’s Law
Ahmad Zare, Sead Hesam Bostani*, Ali Ranjbar,
Seyed Mohsen Rosta, Sead Jamal Bostani and Zahra Zare
Young Researchers and Elite Club,
Dariun Barnch, Islamic Azad University, Dariun, Iran.
ABSTRACT
Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Noting the professionalization of sports and the extensive attendance of individuals and specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfil their duties and/or fail in their duties or carry out improvident actions and in this alignment any accident happens for persons or they undergo any harm, they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports will lead to the exaltation and development of sports in Iran.
Key words:- Civil liability, sport liability, commission merchant, law, Iran
1. INTRODUCTION
Positive effects of physical activities on the mechanism of human body organ systems and the social and cultural behaviours of human beings have gained consensus from all thinkers. Being in need of movement during the lifetime in order to perform the daily and social jobs are among the necessities of human life and this need during the growth period due to the formation of body and struggle against the insufficiency of physical activity and the machine life is more than before. From among the key goals of education in Iran is its biotic aim in which attention is paid to hygiene and physical and mental health . Since accident and sports are essentially inseparable and inevitable, the necessity of being aware of legal
norms in order to take the necessity measures in order to prevent the occurrence of any incident and/or shrug off one’s responsibility in case of occurrence of any accident are being perceived by the whole sports society agents palpably. Nowadays, this theory isn’t accepted any longer that anyone who attends sports events should accept the hazards out of it. Of course some types of sports are inherently injury-inducing and the athlete who attends the contest should expect some injuries while performing the contest.
2. DISCUSSION
Mas’uliat (Arabic word) equals responsibility in English and liability in the terminology of law and in the authors’ words is the necessity of accountability by any individual who has violated his/her commitments and duties, whether they are legal commitments or they bear moral and intellectual features.4 Responsibility in the case of the damage which any person (or anyone who is under the protection or direction of that person) or thing which are under his/her protection inflicts upon other person and also the responsibility of that person due to violation in fulfilling the commitments out of a contract is called civil responsibility. Civil responsibility is of two types: Contractual liability and extra-contractual liability which occasionally is called compensatory liability. The common denominator of both types of liabilities is violation of commitment and its obligatory quality. Finally, the first type is the contractual violation of commitment and the second type is legal violation of commitment.5 In other words, in any case in which a person is obliged to compensate for harming the other side it is called that s/he bears a civil liability toward them. Based on this liability a specific obligatory relation appears between the cheated side and the responsible injurer. The cheated side is the creditor and the injurer is the debtor. In the course of establishing such a relation the willpower of the neither side is dominant even in cases in which the injurer harms the other side in purpose ;since his/her aim is harming not making the other side indebted to him/herself, this deed should be considered as a legal event. Civil liability is never ever the direct result of a legal deed.6 the goal of civil liability norms is to compensate for a loss. In other words, a loss should occur until a liability appears to compensate for it and the injurer becomes indebted. Civil liability litigation can never be an alibi for profiteering. Thus, we should consider the existence of harm as the main pillar of civil liability and this issue is the privilege of this legal establishment over moral liability. Civil law has never stated this principle in any text clearly and the reason for this silence is the
persons, it will be justifiable by means of these principles. Thus, prior to scrutinizing the legal foundations of civil liability in the area of education, a brief explanation will be presented on the two known theories of “drawback” and “hazard”. A-Drawback Theory: According to this theory, civil liability is merely introducible and attributable if the injurer in the act of incurring the loss commits a fault. The yardstick for this liability is evaluating the behaviour of the associate of the injurer that in case it is viewed as an aberration and a violation from an act which is indispensable for preserving the rights of others, s/he is bound to compensate for the loss and if that behaviour is above blame and criticism ethically, s/he isn’t responsible for it. According to the Drawback Theory, the sole reason for justifying the liability of an individual for compensation of a loss is the existence of a causality relation between his/her fault and the incurred loss. Drawback Theory itself is grounded on another basis and that is the thought that compensation for the loss is among the old moral and philanthropic ideals. Ethics teach humans that the loss out of committing a sin should be compensated and repenting causes peace of mind when we compensate for the losses out of our deeds.11 B- Hazard Theory: Up to the end of nineteenth century AD, only the element of drawback was considered as the demand for the creation of civil liability but the considerable expansion of mechanism threatened the life of human beings unprecedentedly. Thus, legal experts and the courts realized that with a legal system which is exclusively based on fault, lots of injustice acts arise. Thus, a thought appeared that in some cases without a fault liability appears. In the view of this group of thinkers, in the current industrial world it can’t be said that the fault of respondent has inflicted a loss.
Hazard Theory has been criticized for holding the respondent accountable even without a blameworthy deed and fault. In criticizing the Theory of Hazard it is said that: “The aftereffects of human deeds influence not only themselves but
Republic of Iran “Employers and the individuals in charge of the whole items of the article 85 of this law are bound to prepare the necessary instruments and facilities to meet the protection and the hygiene of workers in the working area and provide them with these things according to the enactments of Technical Protection Council and teach them how to use the above-said instruments and control the observation of protective and hygiene regulations.” Under the article 95 of this law while the responsibility of executing the regulations and technical and hygiene codes is up to the employer or the authorities of the respected sections, but under the rider 2 of this article it comes that “In case the employer provides or the directors of the unite under the article 85 of this code provide the worker with the required facilities to meet the technical protection and the occupational hygiene and the worker despite the necessary trainings and the prior warnings doesn’t make use of them without paying attention to the existing instructions and regulations, the employer isn’t responsible.” These measures indicate that in many cases which the Theory of Hazard is observed, attention is paid in one way or another to drawback or lapse from duty. However, there are cases in which an individual without attributing the action or leave an unconventional action or behaviour the relevant person is legally liable to compensate for the loss. The evident example of this is the article 1 of the Code of Obligatory Insurance for Civil Liability for the owners of land motor vehicles against the third party. According to this article, “The whole owners of land motor vehicles and several types of car hauler trailers and trailers which are connected to the mentioned vehicles and the railway trains whether being a legal entity or a natural person are liable to compensate for the corporal and financial losses which are incurred upon the third parties due to the accidents for the above-mentioned vehicles and/or their cargoes.”
Pillars of responsibility in Islamic Jurisprudence
Principles such as Principle of No Harm (Sic Utere Tuo UT Alienym NON LAEDAS or Principle of No Harm and No Distress or La-zarar),Principle of Loss, Principle of Causation, liability for aiding someone, liability due to secure someone, are among the main pillars of liability in Islamic jurisprudence. The result of these principles is that from Islamic point of view: -No harm should be left without retaliation. (One
shouldn’t cause harm and retaliate harm with harm).
-Anyone who wastes another person’s property is liable to compensate for it. (One who wastes the property of others is responsible for compensating for it.)
-If anyone possesses the property of someone else, s/he is liable to its damage and wastage.(it’s up to the possessor of a property to return it.) -If anyone makes somebody feel conceited for
something and harms him/her due to this, they should compensate for the loss and in general what is deduced from foundations of liability in the Islamic law is that no harm should be left without retaliation. In case the incurred loss is undue and is attributable to the personal harmful deed from the point of view of Islamic jurisprudence, that person is liable for compensating for the incurred loss. In this formula there is no difference whether the element of loss is a legal entity or a natural person, a governmental or non-governmental element, the subject of loss is property or corporal harms, the exact property or its profit. It suffices that we can attribute a harmful deed to somebody unduly and make him liable for compensating the loss.14
Pillars of civil liability
Manifestation of civil liability is on the following conditions:
A-commitment of an action., b-Unlawfulness of the deed in terms of religion. C-manifestation of the harmful result. D-causality.
a-commitment of an action
its external manifestation is readily palpable and tangible. Destruction of the properties of others, inserting insulting essays, setting fire to the properties of others, and so on are the clear manifestations of deeds but a negative act (or abandon it) can also bear the same result.
b-Manifestation of harmful result
As tolerating the penal liability is a corollary to committing a crime, the demand for a civil liability is incurring a loss upon someone as well. In other words, until no harm afflict upon someone, we can’t hold anyone responsible. This point is mentioned under the article one of Civil Liability Code as it was expounded formerly. The concept of loss or damage is known to us all: anywhere a harm occurs in a property or a manifest privilege perishes or a harm incurs upon someone’s health and prestige and personal feelings it is said that a harm is arisen. Legal codes and authors have classified the harms that for their compensation a civil liability is established into two diverse groups:
1-Material. 2-Intellectual. Material or monetary loss equals reducing the personal property of a person and preventing its augmentation under any title it be.
In other words, anything which is lost and is assessable in monetary form and harms the monetary rights is a monetary loss. But, the definition of intellectual loss is more sophisticated and to have a perception of it can be said that harming the emotional resources is considered as non-monetary such as feeling corporal and mental pain, blot someone’s credit and prestige and freedom such as a girl who due to exercising trick or threat and/or abuse due to being inferior agrees to cohabit unwantedly can ask the committer of the act for claiming the intellectual loss besides material loss. (Article nine of civil liability code)
c-Illegality of a deed
Doing an action which leads to inflicting a harm upon someone doesn’t merely causes a civil liability, but the committed act should be unlawful and/or as it is ordained under the article one of Civil Liability Code it should be without any legal
permit. The contrary concept for it is that the loss due to exercising a law doesn’t lead to a civil liability. For instance, If an athlete after observing the whole athletic regulations injures his/her rival since his/her act is compatible with the law and is in other words legally authorized, it brings about no liability. Under the civil liability, purposefulness or the culprit’s fault have no impact on the amount of liability of the committer. Purposeful fault involves perceiving the probability of loss and the impudent acceptance of it without any reason is sensible and the fault which is due to carelessness or negligence is the case in which the injurer doesn’t intend to harm but s/he has neglected which if it wasn’t so, no damage would be incurred upon other side.15
d-Causality Relation
the insane child and in case the negligence of the trainer be proven in protecting the student, it will be enough to force him/her to pay for the damage.
Second Discussion: Commission deal
Commission deal
Commission literally means “fee wage, any money which is received for selling an article from owner of the article.” Idiomatically, “commission merchant is the one who do a business by the order of another one and in return for it receives a fee.17 Commission deal is a kind of agency in commercial affairs but if the commission merchant do a job in his/her name the title of agency can’t be entitled to him/her but it can be viewed As the manifestation of vicarage, since vicarage has a more general and widespread sense than agency.”18
Commission deal and its regulations
According to article 357 of the Commerce Code, a commission merchant is the one who makes some deals in his/her name but for someone else (the business deal offered) and in return receives a commission. Article 358 of the Commerce Code clearly stipulates that: “Except for the cases which according to the following article an exception exists, codes on referring to the agent will be enforceable in a commission deal.” But it should be noted that commission deal is totally different from agency and delegation; since in common agency or delegation the agent does something in the name of his/her business deal offered or agent but the commission agent mostly hides the name of his/her business deal offered and even the opposite side of the commission merchant doesn’t know for whom is the deal but just knows the commission merchant. Commission is a job as a kind of commercial act and the article 3 of the paragraph 2 of the Commerce code mention any kind of commission deal to be considered as a type of commercial deal. Commerce code has considered no condition for turning to commission deal and anyone who bears the efficiency of a merchant can act on commission deal. Moreover, there is no need to any permit or a specific
certificate for carrying out a commission dealing contrary to the job of brokerage which also needs obtaining a certificate. Commission merchant is like intermediate brokers in transactions but the difference between them exists in the point that broker has no function but introducing one side of the contract to another and can’t be the representative of one side except by having a specific permit but the commission merchants are by themselves one side of the contract and in addition to being committed to do his/her job which has taken on in his/her name is also accountable to the business deal offerer to whom s/he submits the fruit of the transaction. Thus, the commission merchant has two direct commitments; one toward the side of the contract which apart from this issue that the business deal offerer accepts the deal or not is responsible for executing the duties who has taken on and the second is toward the business deal offerer to whom s/he should communicate the exercise of the transaction and bestows the fruit of transaction on him/her but it should be noted that in case the commission merchant doesn’t guarantee the good job performance and doesn’t exercise any negligence won’t be accountable for lack of performance of transaction from one side of the transaction.19
Commission under the framework of somebody’s lease
Individuals’ (services) lease is “a subcontractor agreement which due to that an individual gets obliged to do something in return for a definite payment.”20 Individual’s lease in the law of Iran and the Imamiah jurisprudence has been discussed under the two types of job agreement and a subcontractor agreement.21
in the Islamic jurisprudence is titled as an absolute or common hired worker is one who takes on doing something.23 It is possible that no definite period is to be set for performing a job but since performing the job is decisive, according to the article 514 of Civil Code not to mention the time period doesn’t cause any problem. Individuals’ lease contract (contract for a valuable consideration) is a contract of whatsoever nature in which the two parties have apparently exercised their full discretion to safeguard their separate interest and a binding one.25 Also, despite difference of opinion on the type of contract to be contractual or possessory, it seems that by noting the commitment and allegiance as the key effects of the contract, taking it as a promissory contract is more dominant and receives more partisans.26 It is observed that the descriptions of the commission sales agreement and the lease contract of individuals (contract work) are similar to each other. Thus, it can be said that the essence of a promissory agreement is the lease contract of individuals. In this manner, we can consider the commission merchant as a contractor who is committed to do a definite job that is closing a contract in his/her name and to the account of client or the business deal offered against the commitment of the offered to pay the commission (fee) . The business deal offered like designer27 designs the intended conclusion of the contract for the commission merchant and gives him/her a free hand in the way to achieve a decent conclusion. Thus, the commission merchant like contractor has economic and legal independence in performing his/her job. The last point causes a difference between commission and agency. Since the essence of permissiveness of an agency contract has the result that the right of client to control and monitor the agent or delegate is inherent and wavering it is impossible. Due to this, as a person be under control of somebody else just for the sake of the result and be free in choosing the instrument and the way to achieve the results/he can’t be called an agent. Due to this the commission merchant isn’t an agent since the
relation of allegiance and supervision which is part and parcel of an agency contract doesn’t exist in commission. The commission merchant in the way of doing the service which is committed to is free. The client pursues his/her intended result and the commission merchant tries to reach this result but the organization arranges its affairs by its own volition.
Third Discussion: Sports Rights
Goals of the sports rights
The subject of sports rights includes the whole violations which occur in the arena of sports and in one way or another harm the rights of others. In analysing these violations from a legal point of view we will get into explaining the unlawfulness of them and classify them under the titles of crime or quasi-crime.
Sports rights in the Law of Iran
is ensuable.30 But in the year 1973 the lawmaker brought this difference of opinion to the end and clearly and according to article fort two (42) of General Penal Code ordained that “Clashes due to sports operation on condition that their reason is violation of the principles of that sport aren’t considered as a crime.” In the year 1982 the lawmaker approves of this text after adding a sentence (i.e. and in case these regulations aren’t against the Islamic codes) under the article 32 of the Islamic penal code. In the year 1991 the above-said article 32 despite changes which occurred in the Islamic Penal Code was exactly ratified just by changing the number of article to 59 and for the time being is being attributed for the events which arise from sports operations which have a penal aspect. But in case of civil liability of sports events no specific code has been ratified which clearly refer to a type of sport and compensation for the sports clashes is being resolved by attributing to the Civil Liability Code ratified in 1957, civil law and other codes, principles, legal decision of a mufti, and customs and habits which its detailed account comes in the future discussions.
Fourth Discussion: Civil liability in sports
Civil liability in sports
Events which occur in the area of sports in terms of result, the character of felony, time, and place are different from one another and the type of civil liability depends on these features.31
Sports codes can be classified into two groups: 1-A group which refers to the rules of games32
and is in fact the principles of games and the correct performance of each branch of athletics. For instance, in football game except for the goalkeeper players have no right to lead the ball by hand. The game should be performed within the limits of the playground and so on.33
2-A group who imposes on players specific cares and cautions and their aim is to meet the security and avoiding violence in the sports events.34
In this manner sports fouls and the liabilities out of them can be studies in three domains: 1-On the relation between athletes in the time of
playing.
2-On the relation between athletes and trainers with the third party and specifically spectators. 3-On the relation between athletes and trainers
and the athletic institutes.35
A-Definition of athletic Manager
In considering the athletic institutes we encounter two athletic institutions. A group of them are sports executives and present sports services to the athletics and the sports aficionados and some other types of these institutes are administrative and regulatory organizations in the realm of sports. Sports’ executive institutes are the whole institutes, groups, and sites which are directly in contact with performing sports exercises which are: sports clubs, sports factions (i.e. teams which perform sports activities without possessing a club), sports training classes, sports tours (e.g. skiing tours) and sports centres (e.g. pools). Administrative and regulatory organizations are also consist in: Iran’s Ministry of Youth Affairs and Sports, National Olympics Committee of Iran, Sports federations, and the sports committees in Provinces.36
In definition sports managers includes the whole individuals who directly or indirectly have some responsibilities in the sports activities.
B-Characteristics of athletic managers
1-Be task-oriented, that is be able to cope with his/her duty.
2-Relation-oriented, that is be able to create conditions by which a cordial and healthy interrelation appear among members whom are under his/her administration.
Sports mangers besides having the above-said characteristics should always be kept informed of the rules.37
Duties of Sports clubs Managers
Sports club is an institute which is established and administered with an aim of training and strengthening the physical and mental powers of individuals and create a social climate of safety in one or more athletic field of interest according to the technical regulations and the arranged rules and may have activities in the arena of the country’s sports professionally. Establishment, administration, and other necessary conditions for any sports club have been determined in the form of several codes such as the code of permission to establish a sports club and stadium by people under the supervision of government ratified in 1990 and the administrative by-law ratified in 1991 by the board of ministers. Management of the sports clubs is one of the professional areas of management in the area of sports.38
Managers of the sports club have several duties which of course most of them have a monitoring manner. Functions of the sports clubs managers can be divided as follows:
a-Choosing a trainer. B-Carry out the commitments toward other members of the club. c- Get healthy for the athlete or monitoring the athlete to get healthy by the club and trainers. D- Proper training. E-Supply the safe sports equipment and inspection and scrutinization. F- Organization and concordance. G- Noting the climatic conditions. H-Aiding the injured athlete. A-Choosing the trainer
One of the key functions of the sports club managers is choosing and appointing a qualified trainer in terms of technical and moral issues. The club manager should try diligently to choose the best merited trainer until it won’t lead to any problem for s/he themselves.
B-Fulfil one’s commitments toward other club members
The next critical function of club managers is to fulfil their commitments toward club members
such as athletes, trainers, shareholders, and so on. Concerning other duties a closer scrutinization will be done in the next discussion.
Civil Liability of the sports club Managers
AS it was said before, sports managers have been divided into two groups of technical and non-technical managers. Technical mangers are ones who directly monitor and control the athletic activities and exercise their management such as trainer, physical education trainer, and so on and the non-technical managers are ones who monitor the athletic activities and indirectly exercise their management such as sports complex superintendents, heads of sports federations, and so on.
Apart from the above words the civil liability of the sports club mangers is worthy of discussing from several points of views:
1-Civil liability of against athletes which itself is divided into two parts:
a-Civil liability against the sports club members. b-Civil liability against non-member athletes. 2-Civil liability against spectators.
3-Civil liability against owners or shareholders of the club.
1-Civil liability of the sports club managers against athletes
A sports manager is directly responsible toward two groups of athletes; the first group are athletes who are considered as club members; thus, this type of civil liability often receives a contractual basis and the second group are athletes who in the act of using sports instruments or atmosphere which belong to them or in the act of occurrence of a match with his/her team and in his/her own club stadium have been injured without interference of any athlete and other persons. a-Civil liability of sports club managers against athletes who are sports club members
obtaining health, proper education, inspection and scrutinization, organization, and concordance in athletics, recognizing the capabilities and allowing for moderate competitions, controlling the athletics, and noting the climatic conditions and helping the injured athletes.39
A professional athlete closes a contract with a sports club according to which for taking part in exercises, sports missions, prep-adapted contests, keep the somatic preparation, and finally attending the contests receives some amount of money.40
1-Athlete’s reception of a permit of health from club and trainers
Receiving a permit of health for athletes is up to the club (and the trainer who is employed by it) but the way of receiving the permit of health for each group of athletes is different. For instance, in the lower age groups (the underage ones) specifically sports which involve high physical strength the protective responsibility involves that no physical exercise permit be given to an individual. Obtaining health for the adult athletes is a necessity like sports club members but its method is different. For this group the mere attendance for activity is legally an instrument to shirk one’s responsibility for the trainer (and the club) since adult and sane persons will be individually liable for the results of their deeds but it doesn’t mean that despite being aware of illness or disorder for a grown-up athlete s/he has no legal liability in case of occurrence of a clash.41
2-Proper training
The club is bound to provide the athletes with the necessary trainings for exercises and the sports activities. Inattention to the above-said principle, techniques for movements and skills, forcing the athlete to do a sports movement which isn’t able to do it in terms of capability of physique avoiding to teach skills which an athlete should be aware of them to escape the danger and so on set the stage for the legal liability of the sports clubs managers.
3-Supply the safe sports equipment and inspection and scrutinization
In most cases of sports the athlete is obliged to use instruments which are determined according to the
respective codes. These instruments are sometimes personal and sometimes public. Flaws, being of low-quality or being unauthorized for these instruments may cause some injuries for the athlete. Failure in fulfilling the duty of inspection and scrutinization for these instruments leads to a legal liability.42
4-Organization and congruence
Organizing the sports activities means exercising a type of management through which we can segregate the athletes in terms of age, and the type of activity in a way that prevents the occurrence of an accident. Congruence of sports activities means that dangerous sports activities should be practiced in an area which is totally separated from other sports activities. For instance, allowing for Soccer playing should be done in one half of the field while in the other half some are exercising shot put throwing, sport hammer throwing, and things like this is rejected.43
5- Noting the climatic conditions
Adverse weather conditions such as lightning and thunder, heat, storm, and so on can be in conflict with the main goal for physical exercise which is obtaining health, joy, and empowerment in sports. Thus, it is necessary to take the climatic conditions into consideration and in case performing the sports activity or its continuation is harmful for the health of an athlete the occurrence of any sports clash should be prevented at any rate.44
6-Aiding the injured athlete
civil liability. A question which arises here is that supposedly in case of occurrence of an accident which is due to the failure of the sports club manager does the harmed victim has the right to refer to the manager or not? Or does the club bear any civil liability toward the injured as a legal entity? As a reply it should be said that noting the articles 118 and 142 of the Commerce Code, in case the failure of the manager was occurred within the framework of the articles of association and the ratifications of the general assembly of the club, the club will be liable for the injured but in case the manager has violated the codes of the articles of association and the ratifications of the board of directors, s/he is personally responsible and no responsibility is assumed for the club. b-Civil liability of the sports club managers toward non-member athletes
Except for the players of the sports club, it is possible that players of other teams get injured while playing in the contest or in the exercise plays in the stadium which belong to the club. In this assumption in case the accident is due to the negligence of the club, its manager has a legal liability as well. Negligence may be due to avoidance or delay in aiding the injured player or using unsecure sports equipment and things like it. For instance, if during a soccer match, the goal post comes out for improper installing and hit the opponent team player and due to that he gets injured, the liability to compensate for the injury will be up to the club and its managers. The last word for this discussion we should refer to the duty of the sports clubs in insuring the athletes. According to the articles 3 and 5 of the by-law on the transfer of sports players and trainers of the sports clubs ratified on 28.2.74 of Persian calendar (i.e. May 18th, 1995) by Physical Education Organization Council of Iran, the sports club has two commitments toward players to insure them and supply their sports equipment and the required security for exercises and their contests. Completeness or incompleteness of the commitments which are taken on for the sports club manager we should perceive the essence of
the sports club contract with the player. These contracts have been drawn up according to the ratified by-law by Physical Education Organization. Thus, the by-law on the restricting peremptory norms has considerably decreased the freedom of will.
Liability of the sports club managers toward the shareholders
According to a theory, the liability of a managing director of a company toward his/her associates is like the liability of a lawyer toward its client. Commitments of a lawyer toward his/her client in the civil law has been predicted as well. Thus, according to the article sixty hundred and sixty six (666) of the Civil Code” as any harm occurs to the client due to the fault of the lawyer which is conventionally the lawyer is liable to it and the cause of it, s/he is responsible.” Noting the mentioned points it can be said that managers of the sports club bear a civil liability toward the shareholders like manager of a commercial firm.45
This theory according to which we assume the mangers as the agents of associates is rejected by some legal experts.46 The conclusion is that in case the sports club is established under the framework of a joint stock company and the club manager hasn’t committed any fault, the civil liability out of a sports clash doesn’t go for him/her and the legal entity is directly liable.
The last point is that in case the assumption of a sports clash isn’t under discussion and the club manager causes an injury to be inflicted upon the club and shareholders due to decisions and deeds which are against the regulations done by him/her, and then we can hold him/her liable toward the shareholders.
3. CONCLUSION
arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Noting the professionalization of sports and the extensive attendance of individuals in specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfil their duties and/or fail in their duties or carry out improvident actions and in this alignment an accident happens for persons or they undergo any harm they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports can lead to the exaltation and development of sports in Iran. By noting what is inserted in this text it seems that the civil and sports liability as a legal entity is mostly based on the theory of hazard since due to the establishment of an athletic atmosphere and employing athletes and also encouraging the spectators to attend the stadium and watch the contests, sports clubs earn profit and are liable to any probable harm even by assuming the lack of failure or dereliction of the authority. However, the liability of a sports manager either an agent or the representative of a legal entity or a pillar of that person is merely based on the Drawback Theory and in case an injury incurs upon an athlete without observing the relevant regulations and ratifications on behalf of the manager, the manager is responsible to compensate for the harm.
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