Fifa Transfer Agreement


In August 2010, 18-year-old striker Neymar was bombed by Brazilian team Santos for $25 million by The Premier League of England, FC Chelsea, before signing a new five-year contract. [91] [92] In June 2011, Neymar was again the subject of high-level transfer offers: Chelsea and Real Madrid were both declared as preparatory offers of 45 million euros before Neymar rejected them to sign a new contract with Santos. [95] In December 2011, before the FIFA Club World Cup final in 2011, it was reported that Barcelona had paid 10 million euros for Neymar`s guaranteed future transfer until 2014. [96] A similar amount of 14 million euros was notified in March by the Spanish radio station Cadena SER, which also reported that a total of 58 million euros had already been agreed between the two clubs. [97] Neymar`s father was quoted as saying that Barcelona was a “great option” for his son. A year later, his father again spoke of a possible transfer of his son and said that he would leave Santos after the 2014 World Cup in Brazil and that Barcelona was the “best way”. [99] Brazil coach Mano Menezes thought that a change in Europe before the World Cup would be the best way for Neymar to develop as a player before the tournament[100] while Neymar himself said, “I say once and for all that I am not leaving Santos now.” [101] In 2008, the CAS adopted a decision stating that the exceptions to the international transfer of minors under Article 19, paragraph 2 of the RSTP (2005) were not exhaustive and that FIFA could add two other exceptions for students. 190FC Midtjylland A/S v International Football Federation Ass`n, CAS 2008/A/1485, 7.3.3. (Ct.

Sport 2008). First, players can transfer internationally if they can “undoubtedly” prove that their reason for moving was academic and not sporting. 191 Id. Second, international transfers of minors are allowed when the home club and the player`s new club have an agreement signed “as part of a development program for young players”. 192 Id. This second exception must meet “certain strict conditions.” 193 Id. In a parenthesis following this requirement, the CAS cites “the agreement on academic and/or school education [and] the limited-term authorization” as elements of the conditions for the second exception. 194 Id. Therefore, if a club enters into an international player exchange contract in accordance with strict requirements, players can be transferred internationally without violating Article 19 RSTP (2005). In addition, the CAS found that Article 19 of the RSTP (2005) “applies equally to small amateur and professional players,” 195 Id. to fill a loophole used by clubs in the past.

196 ID. According to FIFA RSTP (2009), “a professional is a player who has a written contract with a club and is paid for his football activity more than the fees that are actually borne to him. All other players are considered amateurs.¬†FIFA RSTP (2009), supra note 17, at 9. Alan Shearer`s transfer to Newcastle United in 1996 from Blackburn Rovers to Newcastle United for a fee of $15 million [184] resulted in an annual sequence of world-record transfers and was the first time in decades that an English club broke the world record for a buyout. It has also led to a rapid increase in English replacement allowances since the premier league was created in 1992. Five years earlier, a year before the creation of the new league, the record national tax was $2.9 million. Even Collymore`s transfer 12 months before Shearer was just over half the money paid for the last record transfer.

Posted Tuesday, December 8th, 2020 at 7:06 pm
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