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Football-legal
02
Mar
2020
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Horacio GONZÁLEZ MULLIN
FIFA
Article
International
Football Legal # 12

First Transfer Reform Package – A Critical Approach to Articles 14.2, 14bis and 17.1 of the FIFA RSTP


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On 26 April 2018, FIFA issued its Circular Letter no. 1625, which informed football stakeholders of the changes that the first Reform Package made to the Regulations on the Status and Transfer of Players (RSTP). Said reforms were approved by the FIFA Council in its session of 16 March 2018 and entered into force on 1 June 2018.

The modifications approved included Article 14.2 (abusive conduct), Article 14bis (terminating a contract with just cause for outstanding salaries), and Article 17.1 (compensation due to a player if a contract is terminated without just cause) These modifications will be analyzed in this article.

Article 14.2 – Abusive Conduct

Article 14 of the FIFA RSTP deals with “terminating a contract with just cause.” Its first paragraph reads as follows:

“1. A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause.”

In other words, the rule provides that any party can terminate the contract without any liability or consequences, in cases where there is just cause. The causes that are considered “just” to terminate a contract are not established.

Drs Juan de Dios Crespo Pérez and Ricardo Frega Navía explain in “Nuevos Comentarios al Reglamento FIFA”[1] that “just cause” could be understood as the non-fulfillment of any essential obligations...

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Topics
  • FIFA
Keywords
  • Breach of contract
  • FIFA Regulations
  • Just cause
  • Overdue payables
  • Player contract
  • Salaries
  • Mitigation
  • FIFA RSTP
Authored by
Horacio GONZÁLEZ MULLIN
About Horacio GONZÁLEZ MULLIN
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