Agreement between Club and Player

In July 2003, the transfer of Gabriel Milito from Independiente to Real Madrid was cancelled after a medical examination by the Spanish club. Real Madrid doctors said Milito`s knee would suffer serious injuries in the coming years. Milito then signed for Real Zaragoza and became one of the most successful defenders in La Liga.[163] The following season, Zaragoza won the Copa del Rey final against Real Madrid. In 2007, he joined Real Madrid`s rivals Barcelona. At the end of his first season at Barcelona, he suffered a knee injury that put him out of action for two years. [164] The Democratic Republic of Congo asked the player to return without the player accepting it. The player appealed the DRC`s decision, claiming to be considered a “free agent" and a claim for compensation because the contract was terminated for a good reason. Before the case arose, club representatives were harshly criticizing the player in the media, and the club`s vice president noted: “We are the son of an old bullfighter and activist. According to our understanding, the one who had fled the war came to the execution of the death penalty. Our path with E. is separate. We will initiate the necessary proceedings against him.

The club`s president said: “I will fire him. He should never meet Gaziantep and he will never play football again. The statements were also assessed by the CAS, as well as the issue of the absence of two months` salary. In the statements to the media, the CAS came to the conclusion that this was not relevant to the evaluations, as the statements were made after the player concluded the contract. The case law of the FIFA Dispute Settlement Chamber (DRC) shows that the DRC examines disputes primarily in accordance with FIFA`s transfer rules and, to a lesser extent, on the basis of national circumstances. This is illustrated in a case for the DRC dated May 10, 2012. The club and the player had then signed a contract, which contained, among other things, a clause worded as follows: Which dispute resolution bodies will be responsible for settling a dispute between a club and a player depends mainly on whether the player in question is a foreigner or not. As a starting point, all players of the same nationality as the club where they are employed can usually hear a dispute before national courts or tribunals. However, the player and the club can agree either in the contract or after the dispute arises, that the dispute will be settled by an international court. The training allowance is paid to a player`s training club(s): (1) when a player signs his first contract as a professional and (2) each time a professional is transferred until the end of the season of his 23rd birthday. [265] Players usually undergo a medical examination and/or fitness test before a transfer can be made.

[141] [142] [143] Sometimes previously unknown medical conditions are identified that could jeopardize the transfer or the amount of the fee. [144] It is rare for a player to still be signed by the interested club, even if he has a medical failure, as was the case when Dominic Matteo suffered a medical error prior to his transfer from Liverpool to Leeds United, who spent £4.75 million on Matteo. [145] In the case of late payment of salaries, the CAS noted that the club was practically accustomed to paying salaries late and that the player had not expressed any dissatisfaction with him prior to the dismissal. The CAS believed that it had to be necessary before the player could terminate a termination, that he did not accept late payments and that future delays in payments could lead to termination. According to footballer Shaun Derry, his first medical examination was as basic as he bent over to touch his toes to check the stability of his knees,[146] but as knowledge of sports science has evolved,[147] the drug now includes MRIs,[146] and according to former Nottingham Forest physiotherapist Gary Fleming, ECGs are also performed, to look for problems with the heart. [148] The person performing the medical examination checks all important joints, ligaments and vision of the player. [148] A player can make a medical error by simply being unfit, as was the case when Inter Milan attempted to sign John Carew. [149] There have been cases where a world-record offer was made, but the broadcast was never completed. From the beginning of the 1893/94 season, once a player was registered with a Football League club, he could no longer be registered with another club in subsequent seasons without the permission of the club with which he was registered. It also applied if the player`s annual contract with the club holding his registration was not renewed after the expiry. The club was not obliged to play against them and without a contract, the player was not entitled to a salary. However, if the club refused to release his registration, the player could not play for another club in the Football League.

Football League clubs soon began to demand and earn transfer fees from any other Football League club in exchange for the agreement to release or transfer the player`s registration. Ownership by third parties is the ownership of a player`s economic rights by third-party sources such as football agents, sports management agencies or other investors. Involving investors in the “ownership" of players is a common practice in football, especially in Brazil and Argentina, where many clubs are insolvent or financially limited. Businessmen or other investors buy shares of the economic rights of young players and often cover the cost of their education and housing. In return, they are entitled to a percentage of a player`s future transfer fee. [257] Example 2: Player A, who is employed by Club X, has shown an uncooperative attitude since joining the club. He does not follow the coach`s instructions, he regularly quarrels with his teammates and often fights with them. One day, after the coach informed him that he had not been called up for the next league game, the player left the club and did not show up for training the following days. After two weeks of unjustified absence from training, the club decided to terminate the player`s contract. The player`s uncooperative attitude towards the club and his teammates would certainly justify sanctions imposed on the player in accordance with the club`s internal rules. However, sanctions should (at least initially) be a reprimand or a fine. The club would only have the right to terminate the contract with the player for good cause if the player`s hiring continues, as well as the player`s disappearance without a valid reason and without the club`s express permission" In December 2012, the English team Bury received a transfer ban after the club took out a short-term loan from the Professional Footballers` Association (PFA).

[297] The ban was lifted in January 2013 after repaying the loan,[298] but in February they received a second embargo after receiving another loan from the PFA. [299] This embargo lasted until May 2013, when the club was taken over by Stewart Day and the loans were repaid, after which the club was relegated to League Two and forced to release 16 players. [300] In Italy,[269] the career bonus (Italian: Premio alla carriera) was paid to the parent club after the players made their Serie A debut or the debut of the Italian U21s,[270] for example Davide Moscardelli. While the preparation bonus (Italian: Premi di Preparazione) was paid to youth clubs when the players signed their first professional contract. [271] On May 25, 2013, Barcelona announced that it had reached an agreement with Santos to sign Neymar,[102] who himself issued a statement shortly after in which he said, “I will not wait until Monday. My family and friends now know my decision. .