A compensation agreed which is totally in line with the personal and
economic situation of the parties and the circumstances and particularities of
the case, does not jeopardize “the economic existence” of the debtor.
Therefore, there is no legal reason that could lead to the reduction or
moderation of the compensation agreed. On the contrary, it shall be fully paid
by the debtor pursuant to the legal principle pacta sunt servanda.
Facts/Procedure
On 28 August 2008, the Brazilian football club Cruzeiro and the Russian club FC Lokomotiv Moscow (the Club) entered into a transfer agreement pursuant to which Charles Fernando Basílio da Silva (the Player) was transferred from Cruzeiro to the Club. On the same date, the Player and the Club signed an Employment Contract valid from 29 August 2008 until 31 December 2012.
On 29 December 2010, the Player, the Club and the Brazilian Football club Santos entered into a loan agreement by virtue of which the Club transferred the Player to Santos on a temporary basis as from 1 January 2011 until 31 December 2011. On 18 July 2011, Santos requested from the Club an authorization to “sub-loan” the Player to Cruzeiro until the end of the loan period, to which the Club agreed. As a result, the Player was “sub-loaned” to...
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started