For a long time, Latin-American football clubs have exercised financial and commercial operations on football players’ economic rights. Originally, the clubs of certain South-American countries, Brazil in particular, simply detained the “pass” of each of their players, which gave them the right to oppose their transfer, even after their employment contract was over.
This “pass” could be subject to various economic operations, including its partial or total assignment to third party investors. Meanwhile, European clubs have had to adapt themselves to the Bosman case, which, by imposing the principle of free movement of workers within the European Union to the world of sports, has placed the professional sportsman’s employment contract at the heart of this transfer system.
One of the first shocks between the different legal cultures of Latin America and Europe intervened in the case of the...
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