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Disputes of athletes arising from labor law and solutions: Example of supreme court decisions

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2023
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Abstract (EN)

For this purpose, the decisions of the Court of Cassation include the disputes of professional athletes in football, basketball and volleyball branches with the contracts of athletes. Documentation analysis technique, one of the qualitative research methods, was used in the research. In the study, between the years 2010-2020, the synergy case law document was obtained, related to sports law; Supreme Court decisions are valid. According to the Supreme Court decisions, subject, litigation party and the results of the decision (rejection, approval, annulment, non-prosecution, etc.), the Supreme Court decisions were carried out in accordance with the relevant legislation and sample decisions suitable for each type of dispute were analyzed. In the study, the assurance regarding sports results, which is the Constitution, Law, Decree-Law, Presidential Decree, Regulation, Federation Main Statutes and Federation Instructions, and court decisions referring to legal disputes handled within the scope of this legislation. As a result of the Supreme Court decisions examined, they are usually the decisions made by the athletes. The Supreme Court, which is the highest decision authority, has largely eliminated the grievances of the athletes. As a result, professional athletes playing football mostly resort to litigation and arbitration is insufficient. It has been determined that sportsman contracts and basketball players, professional athletes resort to litigation less than football branches. Professional athletes playing volleyball, on the other hand, have the least number of lawsuits. Professional athletes in the mentioned sports branches had to apply to the Supreme Court, which is the last decision-making authority, as a result of the decisions made against the local court. The Supreme Court of Appeals generally overturned the decisions of the athletes. The rights of the athletes were passed and their grievances were determined. The fact that athletes are not covered by the Labor Law creates rooms for training.

Author

Mehmet Şükrü Gücal

How to Cite

Mehmet Şükrü Gücal (Master Thesis). Disputes of athletes arising from labor law and solutions: Example of supreme court decisions, 2023, Ankara University.

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