In case there is a discrepancy between the literal wording of an agreement and the common intention of the parties when they signed such agreement, the latter shall prevail. However, in cases where the parties obviously do not share a common understanding or consensus of the meaning of the relevant contractual clause, under French Law, the judge is entitled and obliged to consider objective circumstances in order to interpret the disputed clause.
French Law incorporates the principle of contra proferentem (Article 1162 French Civil Code) according to which in case the provision of a contract that is subject to dispute can be understood in various ways and it is not possible to resolve the doubt through common interpretation, such provision should be interpreted in favor of the non-drafting party. In other words, the risk of drafting an obscure clause shall be borne by the drafting party only.Facts/Procedure
On 30 June 2011, the Bursaspor and Nancy entered into a transfer Agreement by means of which the Player A. was transferred from Nancy to Bursaspor for a transfer fee of EUR 2,100,000, plus conditional bonus payments, mainly a EUR 200,000 bonus and an EUR 150,000 bonus if Bursaspor entered UEFA Champions League or UEFA Europe League respectively. In order to meet these conditions, a further requirement stated that the Player had to play at least 20 matches for Bursaspor.
As a result of Bursaspor’s...
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started