主办单位:成都体育学院
ISSN 1001-9154 CN 51-1097/G8

Journal of Chengdu Sport University ›› 2024, Vol. 50 ›› Issue (3): 43-52.doi: 10.15942/j.jcsu.2024.03.006

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Jurisprudence on Football Training Compensation Disputes of Court of Arbitration for Sport

XIANG Huiying1, Li Jiang2   

  1. 1. Sports Law Research Institute Shanghai University of Political Science and Law, Shanghai 201701;
    2. Nanjing Sport Institute, Nanjing Jinagsu210014
  • Received:2023-02-18 Revised:2024-02-11 Published:2024-06-25

Abstract: Using the methods of case analysis, logical analysis and induction, this paper studies the mechanism of international football training compensation and the jurisprudence of the Court of Arbitration for Sport (CAS). The research shows that the legitimacy of international football training compensation originated from the transfer of rights to a certain extent granted by EU laws based on the legitimate goals of football industry. It is in nature the feedback mechanism of professional football to amateur football or grassroots football. The compensation right is a kind of creditor’s right created for training clubs to obtain compensation after the players transfer. In the settlement of football training compensation disputes, CAS confirms whether the training compensation is due by reviewing the triggering factors and exceptions of the training compensation, clarifies the training compensation right by confirming the subject of the right and the waiver of the right to compensation, clarifies the training compensation obligation by reviewing the subject of the training compensation obligation, the refusal of the obligation and whether there are rules to evade, and forms the corresponding judgment standards. Research enlightenment: Chinese football stakeholders should fulfill their rights and obligations according to the principle of good faith, football supervision institutions should establish and improve the implementation guarantee mechanism of football industry according to the principle of equality, the sports arbitration institution should establish the review and judgment standards of football training compensation disputes based on the principle of equality, so as to fully guarantee the justice and effectiveness of the implementation of football training compensation.

Key words: Court of Arbitration for Sport, football, training compensation, jurisprudence

CLC Number: