FOOTBALL PLAYER DEBT: EXPLORING THE LEGAL DIMENSIONS AND COLLECTION PROCESSES

THE LEGAL NATURE OF FOOTBALLER’S DEBTS

The wages and other earnings demanded by footballers from clubs in return for their services constitute a combination of legal rights and obligations. Football player debts hold a significant place in the management of footballers’ professional careers.

The legal nature of footballer’s debts can be examined under the following headings:

• Nature of Service Contract: The Professional Footballer Contract between the footballer and the club is fundamentally of the nature of a service contract. According to this contract, while the footballer commits to providing the designated services for the club, the club also commits to making payments in return. This is considered an employment relationship within the scope of labor law.
• Debt Relationship: Footballer debts express the right to claim collection of footballer’s debts that footballers have against clubs. While the footballer provides services using the facilities provided by the club, the club fulfills its part by making payments in return. This creates a debt relationship between the parties.
• Wage Debts: The basic debts of footballers are the wages they are entitled to according to the contract. Monthly footballer’s wages, guaranteed wages, match fees, and other regular payments are included in the footballer’s earnings as stipulated by the contract. These footballer’s wages are considered mutually owed payments within the framework of the employment relationship.
• Claims of Rights: Football player debts represent the contractual claims of rights based on the terms of the contract. Footballers demand their compensation by fulfilling the conditions stipulated in the contract. This forms the legal process of seeking rights.
• Release and Termination: In some cases, footballers might be compelled by the club to sign a “release” when they want to terminate their contracts. This signifies their agreement to relinquish the collection of footballer’s debts in exchange for contract termination.

TYPES OF FOOTBALL PLAYER DEBTS

The scope of professional football player debts is determined by the Professional Footballer Contracts signed between footballers and clubs. These contracts regulate all payments and earnings that footballers are entitled to in exchange for their services in the clubs. Football player debts can vary based on their performance, club success, and contract terms.

Footballer debts can generally be categorized under the following headings:

1. Monthly Wages: Professional footballers receive regular monthly wages as defined in their contracts. This footballer’s wages represent the basic salary that the footballer receives regularly in exchange for their services at the club. Factors such as the footballer’s skills, experience, market value, and the club’s financial situation can influence wage determination.
2. Guaranteed Wage: The concept of a “guaranteed wage” present in some contracts refers to the minimum wage the footballer will receive. Even if the club faces financial difficulties, footballer’s wages ensure the footballer’s minimum income.
3. Signing Fee (Advance): When footballers sign a contract with a new club, the signing fee is a type of payment they become entitled to from the moment they sign. This represents a predetermined amount of money that the footballer receives upon joining the club or renewing the contract.
4. Match Fee: Match fees are payments footballers receive for participating in official matches. These fees are paid each time the footballer plays in a match and are performance-based footballer debts.
5. Bonuses: Payments made based on achievements. Payments can be awarded for victories in the league or international tournaments, championships, or reaching a certain number of goals for footballers.
6. Sponsorship and Commercial Earnings: Some footballers can earn income through sponsorship agreements or commercial activities outside of the club. Such agreements can vary based on the footballer’s popularity and recognition.
7. Transfer Fees: When footballers transfer from one club to another, they might receive a transfer fee from the old or new club. This fee can vary based on the footballer’s transfer value, contract duration, and agreements with the other club.

The scope of football player debts is determined by the contract between the club management and the footballer, as well as relevant football regulations. These debts can vary significantly based on factors such as the footballer’s age, career level, market value, and performance.

Additionally, the growth of football, global interest, and economic factors have increased the complexity of footballer debts. Hence, the importance of sports law attorney in Turkey specializing in this field has grown within sports law.

IMMEDIATE COLLECTIBILITY AND PROCESS OF COLLECTION OF FOOTBALLER’S DEBTS

Debts arising from contracts among professional footballers become due under specific conditions, granting them the right to demand the collection of  footballer’s debts. The determination of when footballer’s debts become due and how they can be claimed is shaped by the relevant articles of the Turkish Code of Obligations and application principles.

• Conditions for Due Date (Collectibility)

For footballer’s debts to become due, either a specified date or conditions based on notice are required. According to Article 117 of the Turkish Code of Obligations No. 6098, the due date for debts tied to a specific date is the beginning of collectibility. However, if no specific date is set, a notice must be sent by the creditor. This notice informs the debtor that the debt is being claimed and must be paid. This notice serves as a prerequisite for the collection of footballer’s debts.

• Debt Categories and Collectibility Situations

Professional footballers’ earnings are gathered under various categories, and the collectibility of each debt category can vary. For instance, payment dates for monthly wages, guaranteed wages, and signing fees are often specified in contracts, and collectibility automatically occurs on these dates. However, if the collectibility of performance-based payments like match fees and bonuses has not been predetermined, a notice might be sent to make these debts due for collection.

• Debt Collection Process for Football Player Debts

After fulfilling the conditions for collectibility, a football player debt collection process begins for footballer’s debts. The creditor sends a notice to the debtor club when the due but unpaid debt becomes due for collection, in order to collection of footballer’s debts. The notice reminds the debtor of the legal obligation to pay the debt. At this point, if the club fails to make the payment, legal actions are initiated.

• Fines and Debt Relationship

In some cases, clubs might impose fines on footballers, which can be deducted from the footballers’ debts to the club. However, footballers can request the cancellation of fines with valid reasons. In this case, legal actions might need to be taken. The relationship between fines and footballer’s debts should be approached with consideration of legal processes and avenues for appeal, requiring the assistance of a specialized sports law attorney in Turkey.

In conclusion, the immediate collectibility of footballer’s debts and the debt collection process of football player debts are determined within the framework of relevant articles of the Turkish Code of Obligations. Taking steps such as sending notices and seeking legal advice from sports lawyer in Turkey are important to protect footballers’ rights and claim their debts.

RESOLVING FOOTBALL PLAYER DEBTS PROBLEMS THROUGH FEDERATION DISPUTE RESOLUTION COMMITTEE (DRC)

The football world has developed various mechanisms over the years to resolve disputes arising between footballers and clubs. In Turkey, one of the fundamental mechanisms for resolving such disputes like collection of footballer’s salaries is the Dispute Resolution Committee operating under the Turkish Football Federation (TFF). The process of resolving footballer’s debts within the TFF and its details can be discussed through legal regulations and practical implementation.

• Conditions for Applying to the Dispute Resolution Committee

For disputes arising from contracts between footballers and clubs to be resolved within the DRC, certain conditions must be met. It’s important to have a contract or a written agreement between the parties that recognizes the authority and responsibilities of the DRC. Additionally, the application must be made in the form of a proper petition with necessary attachments.

• Resolution Process of the Dispute Resolution Committee

After applying for the collection of footballer’s salaries, a petition and necessary attachments that meet the mandatory conditions set by the DRC are submitted. Following the application, the petition is delivered to the opposing party by the TFF. If either party requests a hearing, it is mandatory to conduct one. The resolution process through the DRC yields results faster than general court proceedings. However, DRC decisions about collection of footballer’s debts cannot be subjected to execution proceedings.

• Enforcement of Dispute Resolution Committee Decisions

To enforce DRC decisions regarding the collection of footballer’s debts, an application can be made to the TFF. The TFF can impose administrative sanctions on the party that fails to comply with the DRC decision. This process is crucial for effective implementation of DRC decisions and achieving a resolution for the parties.

The resolution of footballer’s debts within the DRC aims to provide a quick and effective resolution to disputes between footballers and clubs. The DRC operates based on application details and legal regulations. Footballers and clubs can use this mechanism effectively to protect their rights and reach a fair resolution for the collection of footballer’s salaries and footballer’s wages.

• Change in the Jurisdiction of the Dispute Resolution Committee

With the change in the DRC’s jurisdiction due to a decision by the Constitutional Court on January 18, 2018, the exclusive jurisdiction of the DRC was abolished. Following this change, footballers and clubs can also resort to general courts to resolve disputes arising from football player debts. However, certain dispute types, such as disciplinary penalties and training compensation, continue to be addressed by the DRC.

GENERAL COURTS FOR COLLECTION OF FOOTBALLER’S SALARIES

Footballer-club contracts have the nature of service contracts. Even in this case, footballers are excluded from the scope of the Turkish Labor Law No. 4857. Therefore, the competent court for resolving disputes between footballers and clubs, and consequently for footballer’s debts, is determined based on the legal status of the club. If the football club has a corporate status, then the commercial court has jurisdiction. If the club has an association status, then the civil court of first instance has jurisdiction.

• Process of Filing a Lawsuit in General Courts For Footballer’s Wages

The party wishing to file a lawsuit in general courts for the collection of footballer’s debts prepares a lawsuit petition. This petition provides detailed information about the subject of the dispute, the parties’ claims, and the legal grounds. The lawsuit petition is submitted to the competent court, initiating the legal process.

• Execution Proceedings and TFF Application

Decisions obtained from the competent courts in matters related to footballer’s debts empower the creditor to initiate enforcement proceedings against the debtor. Alongside this process, the enforcement of the decision allows for the collection of footballer’s salaries. Furthermore, for parties failing to comply with DRC decisions, an application can be made to the TFF, which may impose administrative sanctions.

In conclusion, the collection of footballer’s debts can now be resolved in general courts due to the change in the DRC’s jurisdiction. Footballers and clubs can exercise their right to file lawsuits in general courts to effectively defend their rights and claims related to footballer’s debts, ensuring a fair and swift resolution. This process facilitates the equitable and efficient resolution of footballer’s debts.

ENFORCEMENT PROCESS FOR COLLECTING FOOTBALLER’S DEBTS

One crucial aspect within the legal dimension of football activities is the process of enforcing footballer’s debts through execution proceedings. Execution proceedings can be initiated to collect debts arising from footballer contracts and for applying seizures for the collection of footballer’s debts.

• Extrajudicial Execution Proceedings and Basis of Debts

In the Turkish legal system, execution proceedings can be initiated extrajudicially by the creditor against the debtor. However, for this process to proceed smoothly, there needs to be a basis for the debt. The basis of footballer’s debts lies in the contracts signed between the footballer and the club. These contracts define the rights and obligations of the footballer and specify the payments the club is obligated to make to the footballer.

• Initiating Extrajudicial Execution Proceedings and Objections

When the due date of the debt arrives, the creditor can initiate extrajudicial execution proceedings. However, in cases of unspecified due dates for collecting footballer’s debts, it might be necessary to send a notice to the debtor club and await an unanswered response. In extrajudicial execution proceedings, a payment order is delivered to the debtor club.

If the club does not object to the payment order, the proceedings become final. However, clubs typically object to execution proceedings, leading to the suspension of these proceedings. With the suspension of the proceedings, seizure cannot be applied for the collection of footballer’s debts.

• Lawsuit for the Annulment of Objection and General Courts

Regardless of the reasons for the objection to execution proceedings, the creditor needs to provide documentary evidence to continue the proceedings. The lawsuit for the annulment of objection is filed in general courts. If the objection is found unjust and in bad faith, the court may award an execution denial compensation not less than 20% of the debt. If the court decides to lift the objection, the execution proceedings become final. You can review our page titled ‘DEBT ENFORCEMENT IN TURKEY’ for the execution procedure in Turkey.

• Finalization of Execution Proceedings and Seizure Procedures for Footballer’s Debts

If no objection is raised to execution proceedings or if the objection is lifted or annulled by the court, the execution proceedings become final. Following this stage, an application is made to the execution office for the collection of footballer’s salaries, and seizure procedures can begin for the collection of debts. This process involves seizing the assets of the debtor club with the aim of collecting the debt.

In summary, extrajudicial execution proceedings for collecting footballer’s debts can be initiated based on the foundation of the debt. If an objection is raised to the execution proceedings, a lawsuit for the annulment of objection can be filed with the submission of supporting documents.

This process offers an effective way to collect debts within the legal dimension of football activities. Footballers and clubs can use extrajudicial execution proceedings to protect their rights and collect their debts.

FOOTBALL-SPECIFIC SEIZURE METHODS FOR COLLECTING FOOTBALLER’S DEBTS

The collection of footballer’s debts related to football activities encompasses a diverse and unique realm of legal processes and practices. After the finalization of execution proceedings, the execution of seizures takes place, considering the distinctive conditions and structure of the football domain.

The collection of footballer’s debts can occur through different methods depending on the type of execution. However, once the execution process becomes final, meaning that the debtor’s objection is lifted or invalidated by the court, seizure procedures come into play for collecting footballer’s debts. During this stage, the contracts and documents forming the basis of the debt are used as the foundation.

Football’s unique structure and operation also influence seizure processes. Football-specific seizure methods most commonly employed for collecting footballer’s debts include:

• Seizure of Intellectual and Industrial Property Rights: Seizure can also extend to the intellectual and industrial property rights owned by football clubs. One of the methods used for debt collection involves clubs writing to the Turkish Patent and Trademark Office to place seizures on their intellectual and industrial property rights.
• Sponsor Companies and Notices: Sending seizure notices to sponsor companies to collect debts arising from sponsorship agreements is another frequently employed practice. In this way, clubs can seize funds from sponsor companies’ accounts.
• Revenue Seizure and Transfer Fees: One of the primary sources of income in football activities is match revenues. Clubs can initiate revenue seizures by sending letters to Passolig or affiliated enterprises. Furthermore, for the debts of footballers whose contracts have been transferred, seizure letters can also be sent to the club that received the transfer fee.

The collection of football player debts arising from football activities takes into account the unique characteristics of the football world’s structure and operations. Therefore, seeking assistance from a sports lawyer in Turkey can prevent potential loss of rights.

TRANSFER BAN DUE TO FOOTBALLER’S DEBT

Football activities entail unique legal and administrative processes for debt collection. One of the sanction methods available to footballers if footballer’s wages are not paid is a transfer ban. The purpose of a transfer ban is to restrict the debtor club’s transfer activities to ensure the collection of the debt.

In case footballer’s wages are not paid, the creditor footballer can apply to the Turkish Football Federation (TFF) in writing to request sanctions against the club. The most effective administrative sanction imposed by the TFF is known as a transfer ban. The transfer ban prevents clubs from registering the contracts of transferred players with the TFF.

For the TFF to impose a transfer ban, the creditor footballer must not have initiated an execution proceeding for debt collection. If an execution proceeding has been initiated, the debtor club can provide evidence of this to the TFF, and the transfer ban cannot be imposed. However, if the club does not inform the TFF of the execution proceeding, the TFF cannot investigate this beforehand.

The duration of the transfer ban imposed by the TFF can vary based on the nature of the incident and the club’s history of similar situations. Additionally, the TFF can also impose different administrative sanctions such as warnings and fines on clubs regarding debt collection. These measures aim to encourage clubs to make payments and protect footballers’ rights.

In some cases, footballers may be coerced into waiving their claims by reaching mutual agreements with the club. Renouncing claims through agreements is presented as one of the resolution methods. However, it’s important for both footballers and clubs to be cautious about the legal validity and consequences of such agreements.

The world of football involves legal and administrative processes shaped according to its unique structure and regulations. The transfer ban stands out as an effective sanction method for ensuring the collection of footballer’s debts. For the protection of rights and the security of debt collection, it’s crucial to carry out these processes accurately and effectively.

FORCED WAIVER THROUGH DEBT RELEASE

When it comes to football player debts, at times footballers can be faced with a challenging decision to resolve issues with their club. At this point, footballers may be forced to sign waivers containing provisions they don’t agree with. Releases often involve footballers partially or fully renouncing their overdue debts.

Following the removal of the exclusive jurisdiction of the Turkish Football Federation Dispute Resolution Board (DRC) and the TFF Arbitration Board by the Constitutional Court decision, footballer’s debts can now be taken to general courts. This development has made it possible for footballers to reclaim debts they had waived through releases.

Based on the results of lawsuits opened in general courts and the decisions of the Court of Cassation, footballers who were forced to waive their debts through forced releases can now have the opportunity to reclaim their past debts by nullifying these releases.

The debt collection process for footballer’s debts can sometimes require tough legal decisions. Lawsuits opened in general courts for footballers who were forced to waive their debts through releases offer a significant opportunity for justice to prevail and for past debts to be reclaimed.

LEGAL NATURE AND VALIDITY CONDITIONS OF THE RELEASE AGREEMENT TERMINATING THE PROFESSIONAL FOOTBALL PLAYER’S CONTRACT

The termination of the relationship between professional football players and their clubs often occurs through mutual agreements. One of the methods used during this termination process is the “release agreement.”

Regulated in Article 26 of the Regulations on the Status and Transfer of Professional Football Players, this method is an agreement where the contract between the footballer and the club comes to an end. However, specific legal conditions and requirements must be met for such agreements to be valid.

The Regulation does not prescribe a specific form or procedure for the validity of a release agreement. Therefore, no special formality is required to validate a release agreement under the Turkish Football Federation (TFF). However, since the professional football player’s contract constitutes an employment relationship, the provisions regarding service contracts in the Turkish Civil Code (TCC) are applied for dispute resolution.

For the release agreement that terminates the professional football player’s contract to be valid, it must comply with the conditions set out in Article 420 of the TCC. According to this article:

• The release must be in writing.
• At least one month must have passed since the contract’s termination date.
• The type and amount of the released claim must be explicitly stated in the release agreement.
• Payment must be made in full and through a bank transaction.

If these conditions are not met, the release agreement will be considered invalid. Therefore, the release agreement that terminates the relationship between the footballer and the club should be drafted in accordance with the above-mentioned conditions. Otherwise, a release statement in which the footballer waives past claims will not be legally valid.

In conclusion, release agreements that terminate professional football player contracts must be drafted and executed in compliance with specific legal conditions. By adhering to the requirements of Article 420 of the TCC, both footballers and clubs can establish a solid legal foundation for the process of waiving claims.

CANCELLATION AND LEGAL EVALUATION OF MONETARY FINES IMPOSED ON PROFESSIONAL FOOTBALL PLAYERS

Monetary fines imposed on football players by clubs are not regulated by general legislation or special provisions within the Turkish Football Federation (TFF) regulations. To render such monetary fines valid, certain legal requirements and bases must be met.

To avoid the cancellation of monetary fines imposed on football players and to validate such fines, clubs should rely on the following elements:

• Internal regulations or disciplinary regulations prepared by the clubs in accordance with Articles 24(c) and 24(d) of the Regulations on the Status and Transfer of Professional Football Players,
• Provisions included in the Professional Football Player Contracts signed between clubs and football players.

In order for internal regulations and disciplinary regulations drafted for the following season to become effective, they must be submitted to the TFF for registration at least one week before the start of the season. Additionally, these internal regulations and regulations must be delivered to football players through notarized documents or signature receipts. Failure to fulfill these formalities will undermine the legal basis of the monetary fines imposed by the clubs.

In practice, clubs document the submitted disciplinary regulation documents with the TFF and deliver them to football players through specific notification documents. Especially for foreign football players, translated versions of disciplinary regulations are presented for notification.

To ensure the cancellation of monetary fines imposed on football players, clubs often lodge objections after the termination of the contract and raise issues regarding the validity or legal basis of these monetary fines. Such situations can lead to litigation in general courts, or the Dispute Resolution Board and the TFF Arbitration Board can be appealed to initiate legal processes.

In conclusion, for the legal basis of monetary fines imposed on professional football players to be established, compliance with internal regulations and contract provisions is crucial. In this framework, protecting football players’ rights and following a process based on legal foundations are essential.