フランススポーツ基本法におけるスポーツ営利社団制度の展開に関する研究

Abstract

The purpose of this study is to survey the evolution of societe sportive(SS) system in the Fundamental Sports Act of France and to analyze the background. At first, the form of societe d'economie mixte locale(SEML) has been provided by the Fundamental Sports Act of 1975. In case association sportive(AS) emploies professional athletes, it has been admitted to adopt the form of SEML. Secondly, the form of societe a objet sportif(SOS) has been provided by the Fundamental Sports Act of 1984. In case AS participates in the organization of pay sports event and emploies professional athletes above a fixed amount, it should have adopted the form of SOS or SEML. Finally, the form of association a statuts adaptes(ASA), including these two forms, has been provided by the Amendment Act of 1987, because the greater part of AS had desired the form of AS. The background of this system is as follows:1) It was necessary to control the economic activities of AS, to promote the reasonable management and to prevent the financial difficulties or injustice.2) It was necessary to have special sports law, because the defect of law about the economic activities of AS in the Act of 1901 had been exposed by the development of professional sports and sports economy.3) The legal system of economic activities of AS has had both SOS or SEML as SS and ASA as AS in the Amendment Act of 1987, because it is difficult to classify types of juridical person as profit to nonprofit. This system has not been completed yet. However, it is innovative that special sports law provid the economic activities of sports corporation.