Doktora Tezleri

Permanent URI for this collectionhttps://hdl.handle.net/20.500.12469/7776

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Browsing Doktora Tezleri by Institution Author "Ege, Önder"

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    Doctoral Thesis
    Türk Medeni Hukuku'na Göre Türkiye'de Spor Kulübü Dernekleri
    (Kadir Has Üniversitesi, 2021) Ege, Önder; Erman, Hasan
    In this period, in which we live the first quarter of the 21st century, sports has become a versatile field of activity that has social and economic functions as well as performing the function of evaluating personal entertainment and leisure. Sports law is linked to many legal disciplines. According to some opinions, the institutions and rules on a global scale and sports law is an independent legal discipline. In our opinion, sports law is not an independent legal discipline yet, but it is moving in this direction. In Turkey, the Civil Code and is criticized by sports clubs be subject to the provisions of the Law on Associations and voiced some opinions by separate legislation was needed. Accordingly, there is no consensus on the "Sports Clubs Law", which has been studied for a long time but cannot go beyond the draft. In this study, sports clubs, the status as an association rule in Turkey Based on the establishment and operate, the structural properties and by examining in detail the legal personality of civil law and sports law limits to get under the spotlight and we have endeavored to debate. As far as possible, the subject of sports clubs has been handled as a whole and efforts have been made to offer legal solutions. In our opinion, many legal problems will be overcome if professional sports clubs are organized on the basis of economic purpose rather than ideal purpose and exit from the field of civil law, and amateur sports clubs continue their legal personality as an association. In the meantime, rather than the regulations of the law of associations that increase bureaucracy, it should be discussed on the regulations that empower the civil society within the limits set out in the Constitution and where the free organization system is implemented. In our opinion, it is possible to develop a concept of modern sports clubs in line with the rules of civil law in the near future. However, academic studies on this subject need to be continued.