Attribution Rules in the International Sports Transfer Contract

Authors

  • Sawsan Safi Saleh

DOI:

https://doi.org/10.35246/s2v1pv91

Keywords:

International Transfer Contract, Attribution Rule, Professionalism, Applicable Law, Sports Institution, Principles of Sports Organization

Abstract

One of the most important social phenomena that international communities are interested in is sport, which is considered one of the parts of the economic cycle. In the past, sport was seen as abstract physical training aimed at physical and psychological development, but now it has become a source of livelihood because it is a profession practiced by man. The International Sports Transfer Contract is a positive association of the sports institution, and the acceptance of the player in a legitimate way proves its effect in its place, that is, there are two parties to this contract. Namely one party issuing a positive, and another party issuing acceptance and this contract has objective and formal conditions and specific elements like other contracts. Thus, the international sports transition contract must be surrounded by legal provisions that correspond to the financial nature of the professional sports scene. In addition, the International Sports Transfer Contract is one of the international contracts, to which the law applicable to contractual relations with a foreign element and the attribution rules stipulated by the Iraqi Civil Code No. 40 of 1951 and the Iraqi sports professionalism law for the year 2017 apply.

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References

First - Arabic books

I- Dr. Ibrahim Ahmed Ibrahim, Private International Law (Conflict of Laws), 1st ed., Dar Al Nahda Al Arabiya, Cairo, 2002.

II. Dr. Ahmed Al Warfali, A Summary of Sports Law, 1st ed., Publications of Al Atrash Complex for Specialized Books, Tunis, 2015.

III. 3-Dr. Ahmed Abdel Karim Salama, The Science of the Rule of Conflict and Choice between Laws (Origins and Methodology), 1st ed., Al Galaa New Library, Mansoura, 1996.

IV. Dr. Ahmed Youssef, Abdel Hadi Araikat, Basic Administrative Concepts, Theory and Application, Dar Al Hamed for Publishing and Distribution, Amman, 2011.

V. 5-Dr. Iman Mamoun Ahmed Suleiman, Concluding and Proving the Electronic Contract, Legal Aspects of the Electronic Commerce Contract, Dar Al Jamia Al Jadida, Alexandria, 2008.

VI. 6-Dr. Bashar Talal Al-Momani, Problems of Contracting via the Internet, a Comparative Study, 1st ed., Alam Al-Kutub, Irbid, 2004.

VII. 7-Dr. Hassan Al-Haddawi, Private International Law (Conflict of Laws), Dar Al-Thaqafa Library, Amman, 1997.

VIII. 8-Hassan Al-Haddawi, Private International Law, Conflict of Laws (General Principles and Positive Solutions in Jordanian Law), a Comparative Study, 2nd ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, 2001.

IX. 9- Dr. Hassan Al-Haddawi, Private International Law, Dar Al-Thaqafa for Publishing and Distribution, Amman, 1995.

X. 10-Dr. Hafiza Al-Sayed Al-Haddad, Private International Law, Part 1, (Conflict of Laws), Al-Halabi Legal Publications, Beirut, 2002.

XI. 11- Dr. Khaled Abdel Fattah Muhammad, Consumer Protection in Private International Law, Dar Al-Nahda Al-Arabiya, 2002.

XII. 12-Dr. Samir Hamed Abdel Aziz, Contracting via Modern Communication Technologies (Comparative Study), 1st ed., Dar Al Nahda Al Arabiya, Cairo, 2006

XIII. 13-Dr. Saleh Al Manzlawi, The Law Applicable to E-Commerce Contracts, Dar Al Jamia Al Jadida for Publishing, Alexandria, 2006

XIV. 14-Dr. Abdel Aziz Al Morsi Hamoud, Special Civil Protection for Buyer Satisfaction in Remote Sales Contracts, with Application to Sales via Television in Particular, without Publishing House, 2005

XV. 15-Dr. Abdel Nasser Al Attar, Sources of Voluntary Obligation in the UAE Civil Transactions Law, 2nd ed., UAE University Publications, 2000

XVI. 16-Dr. Adnan Ahmed Wali Al Azawi, Studies in International Sports Law, 1st ed., Dar Al Kotob Al Qanuniyah, Abu Dhabi, 2017

XVII. 17-Dr. Adnan Sarhan and others, A Summary of Explanation of Sources of Obligation in the Federal Civil Transactions Law, 1st ed., University Library, Sharjah, 2015

XVIII. 18-Dr. Ezz El-Din Abdullah, Private International Law, Conflict of Laws and Conflict of International Jurisdiction, 4th ed., Egyptian Book Authority, 1986.

XIX. 19-Dr. Esmat Abdel Majeed Bakr, Contract Theory in Arab Civil Laws, 1st ed., Dar Al-Kotob Al-Ilmiyyah, Beirut, 2015.

XX. 20-Dr. Akasha Mohamed Abdel Aal, Conflict of Laws, Al-Halabi Legal Publications, Beirut, 2007.

XXI. 21-Dr. Ghaleb Ali Al-Dawudi, Private International Law, General Theory of Domicile and Legal Status of Foreigners and Its Provisions in Iraqi Law, Baghdad, 1976.

XXII. 22-Dr. Latifa Abdullah Sharaf Al-Din and Noman Abdul Ghani, Sports Administration, 1st ed., Ministry of Culture and Information for Printing and Publishing, Bahrain, 2010.

XXIII. 23-Dr. Muhammad Ibrahim Abu Al-Haija, Electronic Commerce Contracts, Part 1, 1st ed., Dar Al-Thaqafa for Publishing and Distribution, Amman, 2005

XXIV. 24-Dr. Muhammad Suleiman Al-Ahmad, The Legal Status of Professional Player Transfer Contracts, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2001

XXV. 25-Dr. Muhammad Talat Al-Ghanimi, A Summary of International Organization, 3rd ed., Mansha’at Al-Ma’arif, Alexandria, 1977.

XXVI. 26-Dr. Muhammad Walid Al-Masry, A Brief Explanation of Private International Law, Dar Al-Hamed, Amman, 2002.

XXVII. 27-Dr. Mahmoud Muhammad Yaqout, International Contractual Relations between Personal and Objective Theory, 1st ed., Dar Al-Fikr Al-Jami’i, Alexandria, 2003.

XXVIII. 28-Dr. Munir Abdul Majeed, Conflict of Laws in Individual Labor Relations, Mansha’at Al-Maaref, Alexandria, 1992.

XXIX. 29-Al-Faqih Nibuwayh, Lessons in French Private International Law, 2nd ed., Paris, 1949.

XXX. 30-Dr. Hashem Ali Sadiq, Private International Law (Conflict of Laws, Conflict of International Jurisdiction, Nationality), Dar Al-Matbouat Al-Jami’iyyah, Alexandria, 2012.

XXXI. 31-Dr. Hisham Ali Sadiq, The Law Applicable to International Trade Contracts, Mansha’at Al-Maaref, Alexandria, 2001.

XXXII. 32-Dr. Hisham Ali Sadiq, Conflict of Laws, 2nd ed., Manshaat Al-Maaref, Alexandria, 1972.

XXXIII. 33-Dr. Hisham Ali Sadiq, Conflict of Laws, Manshaat Al-Maaref, Alexandria, 1997.

XXXIV. 34-Dr. Hisham Ali Sadiq, The Status of Foreign Law before the National Judiciary, Manshaat Al-Maaref, Cairo, 1968.

XXXV. 35-Dr. Hisham Muhammad Khalid, Introduction to Arab Private International Law (Its Origins. Its Discussions, Sources, Nature), Comparative Study, 1st ed., Dar Al-Fikr Al-Jami’i, Alexandria, 2003.

Second - Theses and Scientific Research

XXXVI. 36-Ahmed Hosseini Sayed Ayoub, Master's thesis entitled (The role of organization in the effectiveness of sports activities in sports institutions in Sharkia Governorate), Faculty of Physical Education for Boys, Zagazig University, 2010.

XXXVII. 37-Mubaraka Toumi Sonia, Master's thesis entitled (Professional football player contract), Institute of Physical Education and Sports, Algeria, 2007.

XXXVIII. 38-Yahya Youssef Falah, Master's thesis entitled (Legal organization of electronic contracts), College of Graduate Studies, An-Najah National University, Nablus, Palestine, 2007.

Third - Scientific periodicals and magazines:

XXXIX. 39-Dr. Ihsan Abdul Karim Awad, Research entitled (Study of the sports professional contract and its adaptation according to the current Iraqi labor law), published in the Journal of the College of Physical Education, University of Baghdad, Volume Thirteen, Issue One, 2014.

XL. 40-Dr. Hamed Zaki, a research entitled (Reconciling Law and Reality), published in the Journal of Law and Economics, Cairo, Issue 2, 1995.

XLI. 41-Dr. Hassan Ali Kazim, a research entitled (Rules of Attribution and Mechanisms of Application in Iraq), published in Ahl al-Bayt Journal, College of Law, University of Karbala, Year (12), Issue 20, December 2016.

XLII. 42-Dr. Firas Karim Shihan, a research entitled (The Impact of the Principle of the Law of Will on the Imbalance in International Contracts), published in Tikrit Journal of Law, Year 8, Issue 29, March 2016, Jumada al-Akhir 1437 AH.

XLIII. 43-Dr. Karim Muzal Shabi, a research entitled (The Concept of the Rule of Attribution and Its Characteristics, A Comparative Study in Conflict of Laws), Journal of the University of Karbala, Volume 3, Issue 13, December 2005.

XLIV. 44-Dr. Mohammed Suleiman Al-Ahmad, a research entitled (Legal adaptation of the professional player transfer contract), published in the Journal of Law, College of Law, Al-Mustansiriya University, Volume Two, Issue Seven, 2010.

XLV. 45-Dr. Mohammed Suleiman Al-Ahmad, a research entitled (General guidelines for private international sports law), Tikrit University Journal for Legal and Political Sciences, Volume Three, Year Three, Issue Twelve, 2011

XLVI. Dr. Nasr Abu Al-Fath Farid, a research entitled (Legal regulation of professional player transfer contracts, a comparative analytical study), College of Law, Ajman University, 2019.

Fourth - Iraqi Legislation And Law

XLVII. Iraqi Civil Law No. (40) of 1951

XLVIII. Iraqi Sports Clubs Law No. (18) of 1986

XLIX. Iraqi National Olympic Committee Decision of 1994

L. Iraqi Sports Professionalism Law of 2017

LI. Code of Sports- related Arbitration Mediation Rules, Court of Arbitration for Sport (CAS), in force as from November 2, 1994, 2nd edition, January, 2000.

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Published

2024-12-25

How to Cite

Sawsan Safi Saleh. 2024. “Attribution Rules in the International Sports Transfer Contract”. Journal of Legal Sciences 39 (2): 510-39. https://doi.org/10.35246/s2v1pv91.

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