Like the return of Xavi Simons to Paris-Saint-Germain from PSV Eindhoven during the last summer transfer period in 2023, the buy-back clause is a mechanism that is gaining more and more popularity with clubs’ legal departments and lawyers when drafting their player transfer agreements. However, this clause has been used for several years by clubs, which allows them to vary their contractual strategies and ensure the return of one of their former players to their squad.
It is, therefore, appropriate to look in detail at the legal and regulatory framework behind this clause, at its advantages and disadvantages observable in club practice, and at certain suggestions as to its terms and wording.
Legal Description and Implementation of the Clause
In order to understand the role of a buy-back clause in a transfer...
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