Changes In DRC Jurisprudence Concerning The Essentialia Negotii Of A Contract
We are thrilled to announce that our article in co-authorship with Marton Kiss has been featured in one of the world’s most prestigious law journals dedicated to football law – Football Legal (20th edition). Explore the significant changes in the FIFA Dispute Resolution Chamber’s (DRC) jurisprudence concerning the essential elements (Essentialia Negotii) of a player contract. This in-depth analysis by Ashot Kyureghyan and Marton Kiss examines how recent decisions have shifted.
Signing a player often involves urgent decisions, cross-border paperwork, and strict deadlines. FIFA’s Regulations on the Status and Transfer of Players (RSTP) require a written contract but don’t define all the legal essentials. That leaves room for interpretation—and risk.
Without clear guidance, stakeholders must rely on legal rulings from the Dispute Resolution Chamber (DRC) and the Court of Arbitration for Sport (CAS).
By Ashot Kyureghyan
In international football law, one question repeatedly emerges: Is a signature a mandatory element for concluding an employment contract between a player and a club? Drawing from Swiss law and the evolving jurisprudence of FIFA and CAS, this article aims to clarify whether a written signature is legally indispensable or if the conduct and mutual intention of the parties can suffice.
Why This Question Matters for Essentialia Negotii
Clubs must comply with both FIFA rules and local laws—which may require a signed contract for taxes, work permits, or insurance. Even if FIFA accepts an unsigned agreement, local authorities might not. If a CAS decision proves employment without a signature, a club might still face penalties from domestic regulators.
Legal Risks for Clubs and Players
Swiss law allows verbal or informal agreements if both parties show clear intent. CAS supports this view. But because DRC rulings remain inconsistent—and domestic laws may require a signature—it’s best to always put it in writing.
Legal certainty matters. In the high-stakes world of football contracts, signing remains the safest move.
For more information visit the publisher’s website.
If your interested in other regulatory matters related to football contracts, read the Unilateral Extension Clauses in Football Contracts.
