Development of transfer rules of FIFA and the case-law on the compensation for contract breach in football, Christof Wieschemann and Dr. Katerina wheel East ANOVA. In: professional sports law, Jan Sramek Verlag, Wien 2010
“Pacta sunt servanda” is a dogma of all jurisdictions in the tradition of Roman law, which finds its equivalent in the world of football and its regulations as “Maintenance of contractual stability”. While the entitlement of the clubs over the players by a tight-knit network of economic and sporting sanctions against infringement by the player is protected but, this applies to the upside case not in the same way. Although players are not defenceless against a defaulting behavior of the clubs, the penalties of the statutes but rather protects the interests of the clubs.
This post initially represents the two situations in accordance with the case-law of the CAS and the Court of Justice and discussed the question of the legality of the existing standards situation arising from the interdependence.
The survey shows that the rules and regulations of FIFA in the current design is unbalanced and has mainly the preservation of the sanctity of contracts of players to the target. With a system of protection times and sporting sanctions graded according to contract, the performance of the contract is to be guaranteed by the players. Must be free of all elements of the punishers at least after the end of the protection period calculate the compensation to be paid by the players for his breach of contract and must be in conformity with Community law interpretation of the rules, in addition to the expenses on the purchase of the player to the “contract value” instead of the “market value” before the end of the contractual term not yet amortized the remaining content focus, in which up to the end of the hurt by the breach of contract contract once again finds herself.
Vertragsbrüchiges behavior of the clubs is not sanctioned Law Association. As a result, that the system of sanctions against the players decision at least not suitable, but is contrary to right according to the test method of the MECA-Medina & m due to the unequal treatment in any case inappropriate to enforce the contract stability and thus.