Uticaj promenjenih okolnosti i više sile na izvršenje ugovora o transferu fudbalera

Abstract

Changed circumstances are those circumstances that could not have been foreseen at the time of concluding the contract. The question then arises as to the justification of the termination or revision of the contract, since the parties could not foresee a situation that would make it impossible to perform the contract. The changed circumstances are related to the rebus sic stantibus clause. When extraordinary, that is, changed circumstances arise, two answers are possible. The first is that contract should be carried out as defined and the second is that, however, one should take into account the impact of changed circumstances. Even in case of force majeure, the rules of the rebus sic stantibus clause will apply. The paper raises the question of the application of this clause in football player transfer contracts. The dispute between the football clubs Leeds and Leipzig is analyzed, which concerns the impossibility of executing the contract due to the outbreak of the pandemic and the impossibility of the performance of football player Jean Kevin Augustin for Leeds due to the suspension of the competition. In addition, attention is paid to the dispute between the football clubs Cardiff City and Nantes, which arose, immediately after the transfer was concluded, because the footballer Emiliano Sala died in a plane crash. Does the rebus sic stantibus clause have to be applied in such situations or not? That is the question that the author tried to answer in this paper.