The contested validity of buy-out clauses under French Sports law
Strictly regulated termination of fixed-term contracts under French Law
Article L. 222-2-3 of the Code du Sport provides that all professional athletes, members of a sports club or association, should enter solely into fixed-term contracts.
In the meantime, the ratio legis of employment law in France is the permanent contract. In that respect, fixed-term contracts are considered as being the exception to this rule and are thus strictly regulated by the French Labour Code, in order to protect employees, the weak parties to the contract.
Professional athletes are considered as being weak parties to the contract. Hence, the law and judges wish to provide them with sufficient protection. This can seem slightly paradoxical in the world of football as players can sometimes be the strongest party to the contract, or that at least the bargaining power between players...
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