5 THE ITALIAN LAW JOURNAL NO. 2 (2019) Personal Rights and Sport Injuries: by Maria Cimmino The sports phenomenon is a form of manifestation of the human personality, necessary for the growth and maturation of human beings as individuals and as members of the social groups to which they belong. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
The Civil Liability Between Risk and Negligence
The practice of sport, as it happens for the great variety of so-called lawful dangerous activities, even if promoted and encouraged to promote values such as loyalty and fairness, respect for rules, legality, integration and protection of diversity and democracy, can also represent a danger to the fundamental legal assets of the person, namely life, health and mental and physical integrity.
In the light of Italian legal theory and case-law on civil liability in sport, this work proposes to discuss the implementation of the general principle of neminem laedere – summarised in the general clause of Art 2043 of the Civil Code and considered regulatory protection for the guarantee of inviolable rights – in terms of the application of the theory of acceptable risk to have individual models that would exclude negligent behaviour.
