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Theses

Les transferts de joueurs professionnels : Objet d'un face-à-face fécond entre institutions sportives et puissances publiques

Abstract : The intensive practice of sports in the course of the 20th century led to to its the internationalization and professionalization. Player’s transfers, became the base of the balance of collective’s professional sport, promoted its development but also the main funding of clubs, even though they may the object of no legal defenition. Player’s transfer can however be defined as an operation by which a club agrees to end the fixed-term contract which binds him to one of his players before the term, to allow him to make a commitment with a new employer in return of the payment by the latter of a financial compensation called transfer fee. This operation reconciles a sport and commercial’s logic quickly became essential. However it was not easy to supervise it legally. It occure nevertheless after a wrestling match of about twenty years : it brought into a conflict mainly sports institutions which whished to preserve their privileges, and national and European public authorities attached mainly to fact that the professional sport respects the national the nationals law and the major principles of freedom of movement of the workers. These two partners, which contributed to the creation of the Court of Arbitration for Sport with universal vocation, failed to stop an alarming inflation of players incomes and the compensations which are paid to the transfers occasion.
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Jean-Baptiste Bertrand. Les transferts de joueurs professionnels : Objet d'un face-à-face fécond entre institutions sportives et puissances publiques. Droit. Université Paris Saclay (COmUE), 2017. Français. ⟨NNT : 2017SACLS387⟩. ⟨tel-01941705⟩

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