Abstract

CADENA AFANADOR, Walter René  and  TORRES ESPINDOLA, Francisco Javier. The international transfer and assignment of the rights of professional footballers and the exclusion of third parties. Justicia [online]. 2020, vol.25, n.38, pp.215-233.  Epub Feb 09, 2021. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4586.

The objective of this article is to analyze the legal nature and risks that exist in the transfer of the rights of professional soccer players in the international arena, as well as the implications of recent FIFA regulatory changes regarding sports clubs, footballers and third parties. For this, we use an analytical method, typical of dogmatic, normative, documentary, qualitative research, from the law of sport and commercial law. As a result, it is verified that professional football is part of the sports and entertainment industry, characterized by having atypical contractual models, a federative organizational structure, which is regulated by a special legal system in which non-state regulations are privileged And that has a superlative financial growth rate, it has configured a sui generis commercial field that demands specialized lawyers in the matter. Due to the professionalization of the actors involved, there is a regulation made up of public and private order regulations, where the regulations approved by the International Federation of Associated Football stand out. It is concluded that the normative exclusion of third parties in the transfers and assignments of international players, as well as the prohibition of figures such as the Third Party Ownership, pose a significant change in the business and contractual model in the football business, of which no The players themselves are excluded, and that carries implications regarding the financing and the role of investors in sports clubs, as well as the significance of the economic rights of the players.

Keywords : international federation of associated football; transfer; assignment; federation rights; economic rights; third parties.

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