Research On The Transfer Agreement Of Professional Football Players In China

With the continuous development of the football sports competition industry,the transfer activities of professional football players are very common,and some disputes often occur during the transfer of players.These disputes are not only unclear in practice,but also theoretically vague.The transfer of football players is a complicated process,and the transfer agreement is the most crucial part of the player transfer,and it is the link connecting the two transfer clubs.This paper intends to conduct research from the perspective of contract law,analyze the legal nature of the transfer agreement,the rights and obligations of the subject,the object,the subject,and the special issues related to the transfer agreement,in order to further understand the transfer agreement..The main body of the article includes the following four parts:The first part is the study of the connotation and legal nature of the transfer agreement of professional football players.The legal nature of the transfer agreement has always been controversial.Scholars hold different opinions.According to the analysis of the contents of the transfer agreement,it is proposed that the transfer agreement should belong to the agreement of changing labor relations.The second part is the study of the subject and object of the transfer agreement of professional football players.The unclear understanding of the transfer agreement body is a problem in practice.The article takes Sun's transfer event as the fuse and combines the principle of contract relativity to study the subject of the transfer agreement,thinking that the subject of the transfer agreement only refers to At the same time,according to the third party principle of the contract,the player is not the party to the transfer agreement,and he is in the position of a third person in the transfer agreement;The object of the agreement is a specific act,that is,the original club dismissed the player's labor contract.The third part is the research on the content of the transfer agreement of professional football players.Through the discussion of the rights and obligations of the parties in the transfer agreement,including the transfer of the club's main rights and obligations,the main rights and obligations transferred to the club and the main rights and obligations of the transfer players.The fourth part is a special issue related to the transfer agreement of professional football players.For the specific issues in the transfer agreement,the article should be studied in three aspects.For the transfer fee,the transfer fee is essentially a reasonable consideration for the payment of the labor contract;for the effective date of the transfer agreement The problem,the effective time is not the attached effective date,but the special requirements for the contract performance time;for the dispute resolution mechanism,thedispute can only be submitted to the Chinese Football Association Arbitration Commission for arbitration infringement of the litigant's litigation rights.In the process of discussion,preliminary suggestions were also made for related issues,such as unifying the transfer fee standard,clarifying the validity of the transfer agreement filing,and establishing a special sports arbitration institution to increase the resolution of disputes.This will not only promote the resolution of football transfer disputes,but also help protect the rights of transfer entities.