The Application of the Theory of Voluntary Assumption of Risk in Athletes’ Civil Liability: A Comparative Study in English, French and Iranian law

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RAHIMI HABIBOLLAH; Nassiri Hediyeh

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Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 147-178

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Information Journal Paper

Title

The Application of the Theory of Voluntary Assumption of Risk in Athletes’ Civil Liability: A Comparative Study in English, French and Iranian law

Author(s)

RAHIMI HABIBOLLAH | Nassiri Hediyeh | Issue Writer Certificate

Keywords

Ezn (permission)Q1

ConsentQ1

Sports lawQ2

VolentiQ1

Civil liabilityQ1

Abstract

The theory of voluntary assumption of risk is an often-quoted form of the roman legal maxim and it fully exonerates the defendant. The essential elements of the defence of Volenti are the explicit or implicit Consent of the victim to waive all claims for damages and also the fully awareness of the victim of all the risks involved, including both the nature and the extent of the risk. The theory has specific features in French sport cases and it is considered as a victim‟ s Consent and a „ ‟ fait justificatif spé cial‟ ‟ . In this matter, a reform has occurred in French sport law recently. English and French jurists have different perspectives on the effect of this theory. In this paper we will specify comparatively the nature, theoretical basis, essential conditions and legal effect of Volenti in sport cases (its main domain of application) by referring to relevant doctrines, codes and precedent in English and French Civil liability. Then we will compare their results with the effect of similar legal institution in Iranian Sports law.

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APA: Copy

RAHIMI, HABIBOLLAH, & Nassiri, Hediyeh. (2018). The Application of the Theory of Voluntary Assumption of Risk in Athletes’ Civil Liability: A Comparative Study in English, French and Iranian law. COMPARATIVE LAW REVIEW, 9(1 ), 147-178. SID. https://sid.ir/paper/246321/en

Vancouver: Copy

RAHIMI HABIBOLLAH, Nassiri Hediyeh. The Application of the Theory of Voluntary Assumption of Risk in Athletes’ Civil Liability: A Comparative Study in English, French and Iranian law. COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):147-178. Available from: https://sid.ir/paper/246321/en

IEEE: Copy

HABIBOLLAH RAHIMI, and Hediyeh Nassiri, “The Application of the Theory of Voluntary Assumption of Risk in Athletes’ Civil Liability: A Comparative Study in English, French and Iranian law,” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 147–178, 2018, [Online]. Available: https://sid.ir/paper/246321/en

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