The Qualification of Professional Liability as a Form of Legal Liability as Basis for an Approach to the Problem of Malpractice in Physical Education and Sport

Abstract

The activity of physical education and sport has become, and
needs to continue to be, an object of interest for legal practitioners
and for those who wish to include this activity in the context and
within the rigors of civilised conduct of the highest morality, but
also in a strict legality and liability framework.
The violation of certain rights inherent to human beings regarding
their life, health, physical and mental integrity via professional errors
(malpractice) manifested in the management, at different levels,
of sporting activities, may cause injury to athletes and their dependants.
This paper aims to present the liability of all the participants
to sporting activities (including managers of sporting activities and
organizations involved in these activities) regarding the impact of
professional errors occurring in activities of physical education and
sport - deeds which may give rise to legal liability, since professional
liability, under the conditions of the new Romanian Civil Code and
of relevant European Law, has become a form of civil liability.