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Hatem Ben Arfa


Guest sicko2ndbest

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There you go, easy to find easy to follow. All is in Marseille's hands, and because of the compensation they'd get from us, Ben Arfa coming here isn't going to make any difference if we can't afford to pay.

 

IV. MAINTENANCE OF CONTRACTUAL STABILITY

BETWEEN PROFESSIONALS AND CLUBS

Article 13 Respect of contract

A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement.

 

Article 14 Terminating a contract with just cause

A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause.

 

Article 15 Terminating a contract with sporting just cause

An established professional who has, in the course of the season, appeared in fewer than ten per cent of the offi cial matches in which his club has been involved may terminate his contract prematurely on the ground of sporting just cause. Due consideration shall be given to the player’s circumstances in the appraisal of such cases. The existence of a sporting just cause shall be established on a case by-case basis. In such a case, sporting sanctions shall not be imposed, though compensation may be payable. A professional may only terminate his contract on this basis in the 15 days following the last official match of the season of the club with which he is registered.

 

Article 16 Restriction on terminating a contract during the season

A contract cannot be unilaterally terminated during the course of a season.

 

Article 17 Consequences of terminating a contract without just cause

The following provisions apply if a contract is terminated without just cause:

1. In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned, the specificity of sport, and any other objective criteria. These criteria shall include, in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual

breach falls within a protected period.

2. Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties.

3. In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a four-month restriction on playing in offi cial matches. In the case of aggravating circumstances, the restriction shall last six months.In all cases, these sporting sanctions shall take effect from the start of the following season at the new club. Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions. Disciplinary measures may, however, be imposed outside the protected period for failure to give noticeof termination within 15 days of the last official match of the season (including national cups) of the club with which the player is registered. The protected period starts again when, while renewing

the contract, the duration of the previous contract is extended.

4. In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach. The club shall be banned from registering any new players, either nationally or internationally, for two registration periods.

5. Any person subject to the FIFA Statutes and regulations (club officials, players’ agents, players, etc.) who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned.

 

Stop being boring.

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There you go, easy to find easy to follow. All is in Marseille's hands, and because of the compensation they'd get from us, Ben Arfa coming here isn't going to make any difference if we can't afford to pay.

 

IV. MAINTENANCE OF CONTRACTUAL STABILITY

BETWEEN PROFESSIONALS AND CLUBS

Article 13 Respect of contract

A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement.

 

Article 14 Terminating a contract with just cause

A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause.

 

Article 15 Terminating a contract with sporting just cause

An established professional who has, in the course of the season, appeared in fewer than ten per cent of the offi cial matches in which his club has been involved may terminate his contract prematurely on the ground of sporting just cause. Due consideration shall be given to the player’s circumstances in the appraisal of such cases. The existence of a sporting just cause shall be established on a case by-case basis. In such a case, sporting sanctions shall not be imposed, though compensation may be payable. A professional may only terminate his contract on this basis in the 15 days following the last official match of the season of the club with which he is registered.

 

Article 16 Restriction on terminating a contract during the season

A contract cannot be unilaterally terminated during the course of a season.

 

Article 17 Consequences of terminating a contract without just cause

The following provisions apply if a contract is terminated without just cause:

1. In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned, the specificity of sport, and any other objective criteria. These criteria shall include, in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period.

2. Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties.

3. In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a four-month restriction on playing in offi cial matches. In the case of aggravating circumstances, the restriction shall last six months.In all cases, these sporting sanctions shall take effect from the start of the following season at the new club. Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions. Disciplinary measures may, however, be imposed outside the protected period for failure to give noticeof termination within 15 days of the last official match of the season (including national cups) of the club with which the player is registered. The protected period starts again when, while renewing

the contract, the duration of the previous contract is extended.

4. In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach. The club shall be banned from registering any new players, either nationally or internationally, for two registration periods.

5. Any person subject to the FIFA Statutes and regulations (club officials, players’ agents, players, etc.) who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned.

it makes a difference in that marseilles probably wont want a player around who reallyu doesnt want to be there that much he's prepared to do what he's done.

 

marseilles are now left to ponder a) loan in the hope of selling him at a later date, or b) selling him outright which may be easier said than done as the player has to agree to it..

 

no one is in a particularly strong position here. by right marseilles should be but how long could they afford to have ben arfa just hanging roind doing fuck all ? like van hoojdonk  (?) at forest they'd like to say "fuck you then" and just let him rot but the financial aspects mean they cant.

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Can't belive he's holed up in a hotel waiting to deal with us.  Worryingly I think his people have said he is here for  a couple of days and Marseille have said that they are now concentrating on football matters until monday.  This one will run and run I'm sure.

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Would surprisee me if the club weren't talking to him covertly, OM are in a weak position now surely they realise they have to let him go, they won't waste a load of money paying him when he won't even try for them, if he doesn't turn up for training he has breached his contract but the worst they could do is terminate his contract or fine him.  He'll be signed soon.

of course we have been, probably for a week or two, it happens all the time as distatsteful as it is.
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Guest ObiChrisKenobi

Would surprisee me if the club weren't talking to him covertly, OM are in a weak position now surely they realise they have to let him go, they won't waste a load of money paying him when he won't even try for them, if he doesn't turn up for training he has breached his contract but the worst they could do is terminate his contract or fine him.  He'll be signed soon.

of course we have been, probably for a week or two, it happens all the time as distatsteful as it is.

Probably via Facebook.

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Bwaaahahaha, Bablefish says - "And then it there with the city, one of most sinister of this England of North. Without a mental armoured tank, difficult of (on) living in this oceanic black hole."

 

Blimey. Sinister or not, I want a mental armoured tank. :lol:

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Guest BlacknWhiteArmy

I've been away for two days, what the f*** has gone on. Someone please tell me how we got to this point and what the chances fo him signing are.

 

 

 

Basically he just turned up here at Newcastle, after refusing to train with Marseille, because they won't let him move here.

 

Surely Marseille cannot keep him now, ?

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