CONTENT CONTROL AND TRANSPARENCY CONTROL OF CONTRACTUAL CLAUSES ON THE ECONOMIC EXPLOITATION OF THE PERSONALITY RIGHTS OF BUNDES LEAGUE FOOTBALL PLAYERS Cover Image

SADRŽINSKA KONTROLA I KONTROLA TRANSPARENTNOSTI UGOVORNIH KLAUZULA O EKONOMSKOM EKSPLOATISANJU PRAVA LIČNOSTI FUDBALERA BUNDES LIGE
CONTENT CONTROL AND TRANSPARENCY CONTROL OF CONTRACTUAL CLAUSES ON THE ECONOMIC EXPLOITATION OF THE PERSONALITY RIGHTS OF BUNDES LEAGUE FOOTBALL PLAYERS

Author(s): Milan Ječmenić
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za ekonomska i finansijska istraživanja
Keywords: personality rights; economic exploitation; non-transparent clauses; inappropriate damage

Summary/Abstract: The Provincial Court in Frankfurt, in one judgment, stated that the clauses of the contract concluded between the football clubs of the Bundesliga and the players of the Bundesliga, concerning the transfer of the right of the footballer to the economic exploitation of clubs, as well as the possibility of independent economic exploitation of the footballer , are not contrary to Article 307 § 1 of the German Civil Code. This started a wide discussion and controversy among German authors. By the way, the issue is not closely related to German professional football. On the contrary, it is a global phenomenon in sports. Such and similar clauses are common all over the world. In the paper, the author first briefly presents the judgment of the Provincial Court in Frankfurt, then sketches the disputed clauses and finally presents the opinions of several German authors on the compliance of the disputed clauses with Article 307 paragraph 1 of the German Civil Code.

  • Issue Year: 28/2022
  • Issue No: 1
  • Page Range: 139-155
  • Page Count: 16
  • Language: Serbian