Terms and structure of the contracts on transfer of the professional football players

The dynamic evolution of the football transfer market is leading to an increasing complexity in the structure of transfer contracts, which govern the regular movement of players between professional football clubs. These developments, in turn, result in the emergence of novel contractual clauses designed to reflect the specific nature of transfer relations.

This article examines the most common structural elements and terms of transfer contracts, based on an analysis of applicable regulations of football federations, standard transfer contract forms, and existing arbitral jurisprudence. Typically, when drafting transfer contracts, the parties endeavor to adhere to a certain standard structure and invariably include fundamental provisions related to the subject matter of the contract, the rights and obligations of the parties, the duration of the player's transfer, and the transfer compensation clause. Furthermore, specific attention is devoted to clauses unique to transfer contracts, such as the sell-on clause, as well as buy-back and first refusal clauses.

Therefore, given that the principles of parties’ autonomy and freedom of contract play a key role in the drafting of football transfer contracts, the structure and terms of such contracts are characterized by significant diversity and uniqueness.