Thu May 28, 2020 12:07 am
Thu May 28, 2020 12:10 am
Thu May 28, 2020 1:17 am
Sven wrote:He's certainly signing something; but it's validity is still to be decided
I'll be patient and await the CAS statement rather than jumping to conclusions
Thu May 28, 2020 4:15 am
Thu May 28, 2020 4:20 am
Thu May 28, 2020 4:46 am
Thu May 28, 2020 5:35 am
Thu May 28, 2020 9:58 am
Thu May 28, 2020 10:22 am
Thu May 28, 2020 11:25 am
ReesWestonSuperMare wrote:So what would have happened if the governing body (the FA I presume) had turned around and said sorry - that contract is invalid because the player did not meet certain conditions, international clearance etc.
A contract lawyer would argue that the contract was not in place and complete until all relevant parties have accepted and approved it. The bone of contention was that the contract was invalid - therefore in legal terms he was neither a Nante or Cardiff player. No different to buying a house. You may sell sign to say you will buy and agree a price, but it normally says sold subject to contract
As for the bit of paper he was signing - it's a page filling story but has no relevance to the legal process - that I can see. But there again - I'm not a lawyer.
Thu May 28, 2020 11:31 am
Thu May 28, 2020 12:03 pm
Thu May 28, 2020 12:14 pm
grange_end1927 wrote:Ere we go again more bad press due to the board continually arguing and never paying up what they owe, dragging the club through the dirt again
Thu May 28, 2020 12:46 pm
Thu May 28, 2020 3:11 pm
skidemin wrote:ReesWestonSuperMare wrote:So what would have happened if the governing body (the FA I presume) had turned around and said sorry - that contract is invalid because the player did not meet certain conditions, international clearance etc.
A contract lawyer would argue that the contract was not in place and complete until all relevant parties have accepted and approved it. The bone of contention was that the contract was invalid - therefore in legal terms he was neither a Nante or Cardiff player. No different to buying a house. You may sell sign to say you will buy and agree a price, but it normally says sold subject to contract
As for the bit of paper he was signing - it's a page filling story but has no relevance to the legal process - that I can see. But there again - I'm not a lawyer.
he was either our player or a Nantes player.. this no mans land would mean there is a point in every transfer where a player is a free agent...
Thu May 28, 2020 3:27 pm
Thu May 28, 2020 3:50 pm
Thu May 28, 2020 4:25 pm
llan bluebird wrote:I have always assumed we are working under the guidance of the clubs insurers. I have never known an insurer pay out until they have to.
Maybe he was not insured by our policy until he became a Cardiff City player and they say he is not a player. Whatever happens we would be working with the insurance company to reduce the loss, but the accounts stated that we have made a provision for the transfer.
Thu May 28, 2020 4:30 pm
Forever Blue wrote:A question to everyone
If the next case once again says City should pay
What’s your opinion then should they?
If it’s yes I say without a doubt yes if it’s no the same no.
Thu May 28, 2020 11:21 pm
Fri May 29, 2020 12:29 am
ReesWestonSuperMare wrote:skidemin wrote:ReesWestonSuperMare wrote:So what would have happened if the governing body (the FA I presume) had turned around and said sorry - that contract is invalid because the player did not meet certain conditions, international clearance etc.
A contract lawyer would argue that the contract was not in place and complete until all relevant parties have accepted and approved it. The bone of contention was that the contract was invalid - therefore in legal terms he was neither a Nante or Cardiff player. No different to buying a house. You may sell sign to say you will buy and agree a price, but it normally says sold subject to contract
As for the bit of paper he was signing - it's a page filling story but has no relevance to the legal process - that I can see. But there again - I'm not a lawyer.
he was either our player or a Nantes player.. this no mans land would mean there is a point in every transfer where a player is a free agent...
Correct (possibly) depends on the contract (which you or I havent seen). A contract is only a contract if it's a valid contract. Thus he is only a Cardiff city player if the contract was legal / accepted rather than being rejected.
When it goes to the hearing - I guess all they need is show the contact Sala signed (in it's entirety) and ask one simple question - would you have approved or rejected this player transfer request. If yes - contract valid - if no , then contract invalid - and player reverts back to his parent club.
It's the same system / logic the welsh fa use. For Welsh league clubs - a club has to request the registration transfer of a player - and provide all the relevant paperwork / signatures / meet the transfer criteria. If a club fails to do this - the welsh FA reject the transfer and you have to start the process again. When it's resubmitted correctly and approved - then the contract is in place.
Fri May 29, 2020 7:29 am
Fri May 29, 2020 9:13 am
Fri May 29, 2020 9:25 am
ReesWestonSuperMare wrote:"FIFA's ruling last September stated: “It was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself."
An intention does not make a contract, only a signed and approved contract makes it a contract. Therefor as it stands - a valid contract was not in place. Will be very interesting what they decide and why.
Fri May 29, 2020 11:04 am
Forever Blue wrote:A question to everyone
If the next case once again says City should pay
What’s your opinion then should they?
If it’s yes I say without a doubt yes if it’s no the same no.
Fri May 29, 2020 11:29 am
ReesWestonSuperMare wrote:"FIFA's ruling last September stated: “It was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself."
An intention does not make a contract, only a signed and approved contract makes it a contract. Therefor as it stands - a valid contract was not in place. Will be very interesting what they decide and why.
Fri May 29, 2020 1:01 pm
skidemin wrote:ReesWestonSuperMare wrote:"FIFA's ruling last September stated: “It was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself."
An intention does not make a contract, only a signed and approved contract makes it a contract. Therefor as it stands - a valid contract was not in place. Will be very interesting what they decide and why.
you've squeezed in the word approved... a contract between an employer and employee certainly does not need to be approved by the EPL to be valid...it only has to be approved by them for EPL purposes...
the player contract was legal and accepted by governing bodies and has not once been called into question other than by a couple of message board posters..
Fri May 29, 2020 1:47 pm
Fri May 29, 2020 2:21 pm
ReesWestonSuperMare wrote:You must have seen the contract then ?
What clauses were there that had to be met or else null and voided ?
As I would expect it to say (like any contract) the sale is dependent on the approval and authorisation of the relevant authorities etc
Otherwise as a purchaser you may well be purchasing something that is not as it seems. EG that's why players have medicals.
If the FA turned around and said sorry his work visa is invalid therefor he doesnt have international clearance etc - the club would then void the contract as stated in the terms and conditions (which no one has seen other than the club and their legal representatives - as far as I know) maybe the contract and its clauses have been published somewhere ?
It will be an interesting decision though and will set precedent on future transfers
Cant believe some people would fold so easily
Fri May 29, 2020 2:23 pm
ReesWestonSuperMare wrote:You must have seen the contract then ?
What clauses were there that had to be met or else null and voided ?
As I would expect it to say (like any contract) the sale is dependent on the approval and authorisation of the relevant authorities etc
Otherwise as a purchaser you may well be purchasing something that is not as it seems. EG that's why players have medicals.
If the FA turned around and said sorry his work visa is invalid therefor he doesnt have international clearance etc - the club would then void the contract as stated in the terms and conditions (which no one has seen other than the club and their legal representatives - as far as I know) maybe the contract and its clauses have been published somewhere ?
It will be an interesting decision though and will set precedent on future transfers
Cant believe some people would fold so easily