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Football-legal
26
Jun
2017
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Football Legal
CAS
Cases
International

CAS 2016/A/4731 Marko Livaja v. FC Rubin Kazan


Date of the decision: 2017-06-26
Arbitrator(s): Michael Gerlinger

The interpretation of a contract is a logic process in which the true meaning of the text is discovered. The starting point of any interpretation of a provision is its wording. For this, the wording both forms the object as well as the instrument of legal interpretation. Thus, the approach of literal interpretation of a provision, in principle, has primacy over other methods of interpretation. The parties’ declarations and actions shall be understood in the way the other party could and in good faith should have understood them.

Facts/Procedure

Marko Livaja (the Player) sought relief against a National Dispute Resolution Chamber’s decision in order to get his outstanding salaries paid for FC Rubin Kazan (the Club) owed them to him.

On 19 May 2014, the Parties concluded an employment Contract, valid from 1 July 2014 until 31 May 2019. Annex 1 to the Contract regulated the remuneration of the Player. Both the Contract and the Annex established the legal framework under which the Player provided his services as a professional football player to the Club.

The Parties and Empoli FC in August 2015, the Player was transferred on loan from the Club to Empoli with effect from 28 August 2015. Furthermore, the...

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Topics
  • CAS
  • Contractual terms
  • Overdue payables
Keywords
  • Football Union of Russia (FUR)
  • Court of Arbitration for Sport (CAS)
  • National Law
  • Player contract
  • Tax Law
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