Section 12 - Circular Provisions
Contractual breaches occurring after the first three, or two, protected years normally no
longer provoke the sanctions described above on a player or on clubs. Exceptions are:
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in respect of a player, if the player has unilaterally terminated his contract
without giving proper notice,
in respect of a club,
o likewise, if the club has unilaterally terminated the contract without
giving proper notice, or
o if the new club is actually proven to have induced the player’s breach
with his former club, as there is no presumption that the new club
hiring the player induced the breach in such a case.
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In other words, the mere fact of contacting a player who is under contract (while respecting
the provisions described above ) and subsequently registering this player who has
unilaterally terminated his contract after the ‘protected period’ of three, or two, years does
not constitute the inducement of a breach of contract by his new club and, hence, does not
expose his new club to sportive or financial sanctions (other than the financial compensation
due by virtue of the present regulations).
Players’ agents who have induced a contractual breach after the ‘protected period’ of three
or two years may also be subject to sanctions.
In any event, contractual breaches during the season are prohibited, and can therefore only
take effect at the end of the season, unless the contract is terminated with just cause.
Any sportive sanction envisaged here shall be imposed exclusively by FIFA’s Dispute
Resolution Chamber, which is composed of representatives of both clubs and players,
except for sanctions against players agents which shall be imposed by FIFA’s Players Status
Committee. The Dispute Resolution Chamber’s decision on the sanction to be imposed must
be taken within a maximum of 60 days from the moment the dispute was brought before the
Dispute Resolution Chamber, or a national sportive arbitration tribunal, as the case may be.
See Art. 21.2.(c) of the Basic Regulations. This provision defines the notice period as being 15 days
following the last official match of the national season of the club with which the player is registered.
See Art. 21.2.(c) of the Basic Regulations.
See, a contrario, Art. 23.2.(c) of the Basic Regulations.
See Art. 13.2 of the Applications Regulations.
See Art. 21.2(a) of the Basic Regulations.
See Art. 21 of the Basic Regulations.
See Art. 42.1.(b)(ii) of the Basic Regulations.
See Art. 42.(b)(i) and (ii) of the Basic Regulations.
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