Contracts of Sports Clubs before the Formation of the Club, Emphasizing the Principle of Good Faith

Document Type : Scientific Research

Author

Assistant Professor of Private Law, Payame Noor University, Tehran, Iran.

Abstract

The founders of sports clubs may sign contracts to meet their needs before forming the club, and these contracts are signed to the credit of the club, which has an independent personality from the managers and the parties to the contracts. As a result, the question arises, what is the nature of such contracts from the point of view of contract law? Is the contract correct and has legal effects or not? In this article, considering the principle of good faith in contracts and while the sports club has not yet been established, the conclusion was reached that because the parties to the contract had good faith for the contracts and hence the fear of loss to the other party of the contract Due to the possibility of attributing the obligation and possible loss, there is a joint liability for the founders and the club, therefore, such contracts can be considered correct.

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Akhlaghi, Behrouz and Imam, Farhad. (2013). International Trade Laws. Tehran: Samit Publications, vol. 2, ch. 3 (In Persian).
Al-Allameh Hali, (Abi Mansour Al-Hasan bin Yusuf bin Al-Muthahar al-Asadi). (1418). Qa'aw al-Ahkam fi Marifah Halal va Haram. Part II. First Edition. Qom: Al-Nashar al-Islami Institute (In Persian).
Allameh Hali, Hassan Ibn Yusuf Motaharasadi. (1412). Mantah al-Muttalib in a research Al-Mahhab. vol. 15, ch. 1. Mashhad: Jamal al-Pakhuh al-Islamiya (In Persian).
Al-Qamoos Faqhi Lagheh and Tishama, Ch. II, Damascus, Dar al-Fikr (In Persian).
Antoniolli, Luisa & Veneziano, Anna. (2005). Principles of European.
Asghari Agh Mashhadi, Fakhreddin and Mohammadzadeh, Ali. (2017). "comparative study of the buyer's right to request repair of goods in the 1980 Vienna Convention on the International Sale of Goods and Iranian Law". Business Research Journal, Volume 13, Vol. 49 (In Persian).
Bar, Christian von & Clive, Eric & others (eds) (2009). "Principles, Definitions and  Model Rules of European Private Law, Draft Common Frame of Reference".  Full Ed, Vol.1 & 2
Bariklou, Alireza and Khazaei, Ali. (2019). "The principle of goodwill and its consequences in the pre-contract period; With a case study in English and French law". Judiciary Law Journal (In Persian).
Bazgir, Yadaleh. (2012). Civil Law in the Mirror of the Supreme Court's
Opinions
. Attorney and Guarantee Contract, Ferdowsi Publications (In Persian).
Collins, H. (1992). "Implied Duty to Give Information during Performance of Contracts".  Modern Law Review, 55, pp. 556-562
Demarchili, Mohammad et al. (2012). Commercial law in the current legal system. 3rd chapter, Sepehr Publications (In Persian).
Diesse, F. (1999). "le devoir de coopration comme principe directeur du contrat". Arch.phil droit. T43.
Eisenberg, M. A. (2002). "The Duty to Rescue in Contract Law". Fordham Law Review, 71, pp. 647-694
Esfahani, Mohammad Hossein. (1419). The margin of Kitab al-Makasab.vol. 1 (In Persian).
Farahidi, Khalil Ibn Ahmad. (1988). Al-Ain, Vol. 4, Ch. 1, Beirut: Ela Ilmi Institute for Press, p. 340.
Farahidi, Khalil Ibn Ahmad. (1988). Al-Ain, Vol. 4, Ch. 1, Beirut: Ela Ilmi Institute for Press, p. 340 and Saadi, Abu Habib, 1408, (In Persian).
Follen, M. and Janson, P. (2008). Refusal Commitments of obligations in private contracts. London: Gama Pub.
Fridman, G, H. L. (No date). The law of agency. 6th, London: Butterworth.
Ghasemi Hamed, Abbas. (2013). "non-professional, responsible for providing information on French law". comparative law studies journal, volume 5, vol. 1 (In Persian).
Greenwell, Christopher et, al. (2014). Managing Sport Events. Human Kinetics, USA.
Hajipour, Morteza. (2013). "Obligatory good faith in Imami jurisprudence". Islamic Jurisprudence and Law Journal, 4th year, 7th volume, Fall-Winter (In Persian).
Hall, W. Tyler. (2015). "After the Ban: The Financial Landscape of International Soccer after Third-Party Ownership". Oregon Law Review (University of Oregon), Vol. 94, No. 1.
Junidi, Laiya. (2013). "a comparative study of the obligation to provide information with an emphasis on common law systems". Journal of the Faculty of Law and Political Sciences of Tehran University, Volume 56 (In Persian).
Karimi,  Abass & kooshki, Morteza. (2017). "Prior to the formation of commercial companies". The specialized quarterly of legal encyclopedias, winter (In Persian).
Katouzian, Amir Nasser. (1994). Civil Laws of Moin Contracts 1 Exchange Transactions - Acquisition Contracts - Sale - Exchange - Lease – Loan. Tehran: publishing company in collaboration with Bahman Barna (In Persian).
Kelner v. Baxter case. Baxter(1866). L. R. 2 CP.
Khandani,  Pedram and Khakbaz, Mohammad. (2013). "Interpretation of the Theory of Exchange Justice in the Realm of Contracts". Islamic Jurisprudence and Law Studies (In Persian).
Martins, Roberto Carlos Branco. (2014). The introduction of the social dialogue in the European professional football sector: impact on football governance, legal certainty and industrial relations, Thesis. (UK, University/ Publisher: Edge Hill University.
Najafi Kashif al-Ghita, Muhammad Hossein bin Alibin Mohammad Reza. (1987). Wajiza al-Ahkam. Vol. 3, Ch II, Najaf, Kashif al-Ghita Institute (In Persian).
Najafi Khansari, Musa. (1993). Maniyeh Talib. Volume 2. Maktaba Al-Mohammadi (In Persian).
Rafiei ,Mohammad Taqi and Hijazi,  Seyed Hossein. (2022). non-cooperation of the obligee in breach of contract in Iranian and European law. Allameh Tabatabai University Private Law Scientific Research Quarterly, Volume 10, Number 39, summer (In Persian).
Saadi, Abu Habib. (1408). Al-Qamoos Faqhi Lagheh and Tishama. Ch. II, Damascus, Dar al-Fikr, p. 474, quoted by Hajipour, Morteza, Obligatory good faith in Imami jurisprudence, Islamic Jurisprudence and Law Journal, 4th year, 7th volume, Fall-Winter, 2013,  (In Persian).
Safai, Seyyed Hossein and others. (2018). "analysis of representation resulting from enforcement in British, Islamic and Iranian law". Modares Human Sciences Journal, Volume 5 (In Persian).
Shahidi, Mehdi.  (2007). Works of Contracts and Commitments. Tehran: Majd Publications, vol.2, ch.3 (In Persian).
 United Nations Convention on Contracts for the International Sale of Goods.
Wong, Glenn. (2010). Essentials of Sport Law, ABC-CLIO, USA.