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02.09.03, 17:45
Przeczytajcie wyciąg z zasad transferowych FIFA. Mam pytania:
1/ ile lat ma Uche?
2/ od kiedy ma podpisany kontrakt i na jak długo jeszcze?
Cos mi się wydaje, ze mozma zostać z reką w nocniku jak zawodnik bardzo chce
odejśc mimo waznego kontraktu
VIII. Maintenance of Contractual Stability
Art. 21
In the case of all contracts signed up to the players' 28th birthday: if
there is unilateral breach without just cause or sporting just cause during
the first 3 years, sports sanctions shall be applied and compensation
payable.
In the case of contracts signed after the 28th birthday, the same principles
shall apply but only during the first 2 years.
In the cases cited in the preceding two paragraphs, unilateral breach of
contract without just cause is prohibited during the season.
Unilateral breach without just cause or sporting just cause after the first 3
years or 2 years respectively will not result in sanctions. However, sports
sanctions may be pronounced on a club and/or a players' agent for inducing a
breach of contract. Compensation shall be payable.
A breach of contract as defined in the preceding paragraph is prohibited
during the season.
Disciplinary measures may be applied by the Dispute Resolution Chamber if
notice is not given in the 15 days following the last official match of the
national season of the club with which the player is registered.
Art. 22
Unless specifically provided for in the contract, and without prejudice to
the provisions on training compensation laid down in Art. 13 ff, compensation
for breach of contract (whether by the player or the club), shall be
calculated with due respect to the national law applicable, the specificity
of sport, and all objective criteria which may be relevant to the case, such
as:
Remuneration and other benefits under the existing contract and/or the new
contract,
Length of time remaining on the existing contract (up to a maximum of 5
years),
Amount of any fee or expense paid or incurred by the former club, amortised
over the length of the contract,
Whether the breach occurs during the periods defined in Art. 21.1.
Art. 23
Other than in exceptional circumstances, sports sanctions for unilateral
breach of contract without just cause or sporting just cause shall be
applied:
1. In the case of the player:
If the breach occurs at the end of the first or the second year of contract,
the sanction shall be a restriction of four months on his eligibility to
participate in any official football matches as from the beginning of the new
season of the new club's national championship.
If the breach occurs at the end of the third year of the contract (or at the
end of the second year if the contract was signed after the age of 28), no
sports sanction shall be applied unless there was failure to give appropriate
notice after the last match of the season. In such a case the sanction shall
be proportionate.
In the case of aggravating circumstances, such as failure to give notice or
recurrent breach of contract, sports sanctions may be imposed for up to a
maximum of six months.
2. In the case of the club breaching a contract or inducing such a breach:
If the breach occurs at the end of the first or second year of the contract,
the sanction shall be a ban on registering any new player, either nationally
or internationally, until the expiry of the second transfer period following
the date on which the breach became effective. In all cases, no restriction
for unilateral breach of contract shall exceed a period of 12 months
following the breach or inducement of the breach.
If the breach occurs at the end of the third year of the contract (or at the
end of the second year if the contract was signed after the age of 28), no
sanctions shall be applied unless there was failure to give appropriate
notice after the last match of the season. In such a case the sanction shall
be proportionate.
A club seeking to register a player who has unilaterally breached a contract
during the periods defined in Art. 21.1 will be presumed to have induced a
breach of contract.
Without prejudice to the foregoing rules, other sports sanctions may be
imposed by the FIFA Disciplinary Committee on clubs, where appropriate, and
may include, but shall not be limited to, the following:
fines,
deduction of points,
exclusion from competitions.
Appeals against such sanctions may be lodged to the Arbitration Tribunal for
Football (TAF).
3. In the case of a players' agent involved in such a breach
Sanctions can also be imposed by the FIFA Players Status Committee on
players' agents involved in a breach of contract, in compliance with the FIFA
Players' Agents Regulations. Appeals against such sanctions may be lodged to
the Arbitration Tribunal for Football (TAF).
Art. 24
In addition to termination for just cause, it will also be possible for a
player to terminate his contract for a valid sporting reason ("sporting just
cause").
Sporting just cause will be established on a case-by-case basis pursuant to
the procedure set out in Art. 42. Each case will be evaluated on its
individual merits, taking account of all relevant circumstances (injury,
suspension, player's field position, player's age etc.). Furthermore,
sporting just cause shall be examined at the end of the football season and
before expiry of the relevant registration period in the former club's
national association.
If sporting just cause has been established, it shall be determined whether
compensation is payable and to what amount.
