As a matter of fact, the move of the player that follows the exercise of either clause takes place without the former club giving its consent to the earlier termination of the contract.
To be more accurate, one should say: regardless of the former club granting its consent at the time when the clause is exercised, given that both FIFA and the Court of Arbitration for Sport (CAS) have recognized that the former club’s consent can be considered as given in advance, at the time when the buy-out/penalty clause was agreed upon.
This was the reasoning of the “Zarate case”,[1] that is considered the leading case to establish whether the exercise of buy-out/penalty clauses triggers the solidarity mechanism.
Only few know, however, that, in March 2017,
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