Stručni rad
https://doi.org/10.31141/zrpfs.2022.59.143.131
Specific (accidental) contractual provisions in the contract of professional basketball players in relation to FIBA Book 3 Internal Rules and By-laws Euroleague – „letter of clearance“ and „buy out agreement“
Dean Rahan
orcid.org/0000-0001-6269-1917
Sažetak
In this text, the author gives an overview and analysis of the positive provisions of special
regulations governing legal relations in the transfer of professional basketball players, as well as the
termination of professional contracts for playing professional basketball players. The provisions of
the Fiba Book 3 Internal Rules and Bylaws Euroleague are analyzed in particular, with regard to exit
letters and indemnity agreements (letters of clearance and buy out agreements), between Clubs and
professional players. Examples of the contracts in question are also given, as well as their special
(incidental) provisions, with a proposal of possible solutions in case of disagreement between the
contracting parties (clubs and players). Furthermore, the limited possibility of resolving disputes
in these situations with the competent bodies of FIBA (Fédération Internationale de Basketbal) is
pointed out, and in this regard, an overview of arbitration proceedings with BAT (Basketball Arbitral
Tribunal) is given. The author also deals with specific cases that have occurred in practice in relation
to incidental contractual provisions from which disputes have arisen, whose knowledge is needed
to ensure effective resolution of proceedings in front of FIBA, but also arbitration proceedings in
front of BAT.
Ključne riječi
contractual provisions, basketball, compensation, exit letter, termination of contract, decisions
Hrčak ID:
275652
URI
Datum izdavanja:
26.4.2022.
Posjeta: 963 *